Värdering i tvistiga klyvningar

Sammanfattning: During a property partition the idea is that all land should be appraised to some extent, so that it can later be distributed among the co-owners according to their respective share. In a few examples of appraisals used by the National Land Survey there has been signs of irregularities in the application of grading appraisals. In some of these cases land has been appraised including buildings and with the actual supply of forest, contrary to legislation. This master thesis aims to examine how appraisals in contentious partitions are performed when allocating lots in a property partition procedure and how the legislator intended the process to be executed. The examination was performed in two main parts, first a theoretical analysis of mainly legislative preparatory work, literature and court cases. Thereafter a study of already completed property partition procedures. The partition cases that were chosen were executed all over Sweden during the time frame of the 1st of January 2005 to the 28th of February 2015. The study resulted in an examination of 3,152 cases of which 123 proved contentious. Contentious partitions are in general performed according to the law. In about 18 % of the cases the appraisals were executed incorrectly, meaning that the grading appraisal were missing or performed inadequately. The number of appealed partitions is considered to be low, only about 34 % of all the contentious partitions, especially considering the often hostile nature of these procedures. It is difficult to find a way of improving the appraisal methodology concerning lot allocation. Many factors shows signs it would be possible to conduct a partition solemnly on a compensation appraisal. There is however a not insignificant assessed amount of cases where it is necessary to perform a complete grading appraisal to assure a fair and safe lot allocation. This means that the current grading appraisal system should be retained.