När blir liten tillräckligt stor? - En studie av bostadsfastigheter i Skåne

Sammanfattning: A property’s suitability is a central part of the Swedish Property Formation Act. It states that any creation or reformation of property must be suitable in regards to range, situation and other circumstances. Despite this, the actual requirements as to what is suitable are very vague, which in part is on purpose to account for changing politics and research. This master’s thesis aims to clarify the criteria used by courts and the cadastral authority when judging the suitability of a property, to find out how large a property has to be before it can be considered suitable, and to analyse the current property division to find out if it is in accordance with those regulations. Three methods are used to reach this goal. The first is an analysis of legal cases concerning the suitability of properties in current and older Swedish law. The second method consists of consulting the municipal cadastral authorities to listen to their opinions on the matter and also asking for cadastral dossiers from cadastral procedures they completed in recent years where the newly formed properties had a smaller area than average for the municipality. The third method is a study of an extract from the Real Property Register of all properties with a tax assessment area lower than 300 square metres.