Lämplig åtkomst för allmännyttiga utrymmen : En jämförelse mellan servitut och 3D-fastighet

Sammanfattning: While land is a limited asset the population are becoming more and more urbanized. As a result, the land in the metropolitan areas become very attractive and volume-limited spaces both above and below the land surface, which in daily speech is called three-dimensional real estate, also get its own unique value. Since 2004, it has been possible in Sweden to create three-dimensional properties, but easements for volume-limited facilities has been used in a similar way for a long time. Since the introduction of the possibility of creating properties in three dimensions, easements have still been widely used for that same purpose. The purpose of the study is to see if there is any agreement in how the conditions are suitably tested between three-dimensional real estate formation and easements formed for the same purpose. In this study both quantitative and qualitative methods are used. A study of the suitability test in 112 cadastral dossiers concerning three-dimensional property formation for public utility spaces is presented in table and diagram form in the result. Two easement dossiers for easements formed for volume-bound spaces have been studied and are presented textually in the result. In connection with the presentation of the two acts of easements, the Supreme Court's ruling of 1978, which is the basis for the subway's continued servitude, is also presented. Nine interviews with people working with three-dimensional real estate have also been conducted and are also presented in the results. In the conclusion, the difficulty is found in connecting easements to spaces that are granted with easement. Before the legislation for 3D property formation came in 2004, various creative solutions were used for linked rights. It becomes clear in the conclusion that there is no practice for how the conditions of suitability in the Property Development Act should be tested and that a practice is requested by several cadastral surveyors.