Provisions concerning property reallotment – a court case study

Sammanfattning: Property formation is in principle an individual matter for the property owners. The starting point in the Real Property Formation Act (FBL) is therefore that most property formation measures shall be based on voluntariness. However, some property formation measures can be done without consent from the concerned property owners and rights holders. This does not occur at least at property reallotment. It is obviously a very big impact on the ownership to be forced to abstain or grant land. In order to protect the interested parties against unjustified interference with the ownership, there are a number of provisions in Chapter 5, 4-8 §§ FBL that must be satisfied in all compulsory property reallotment measures. These provisions require, among other things, profitability and efficiency in the execution at each property reallotment measure where not every interested party agree on the implementation of the measure. These provision mainly protects individual interests and is applied in addition to the provisions for the protection of public interests in Chapter 3. FBL This bachelor thesis aims to clarify how the provisions in Chapter 5, 4-8 §§ FBL should be interpreted. In order to do so, an analysis of 150 court cases has been made. Of these, 74 court cases that were deemed particularly relevant have been selected and presented in the essay. In addition, bills and legal writing have been studied. Afterwards, the court cases have been analyzed in order to find patterns in the court´s decision. The sections have been analyzed from several aspects and several conclusions have been drawn. Among these may be mentioned in particular that the consideration of Chapter 5, section 4, paragraph 1 FBL and Chapter 5, section 5, paragraph 1 FBL should be done regardless of who is currently the property owner. However, when considering Chapter 5, section 6, paragraph 2 FBL and Chapter 5, section 8 FBL, account can be taken to individual circumstances of the current property owner.