Officialservitut i tomträtt - Gällande rätt och hantering i praktiken

Sammanfattning: Site leasehold right can be granted on land owned by municipalities or other public institutions. Site leasehold right is the strongest of the different rights of use, and is supposed to be an alternative to the right of possession of real estate. Easements can be granted in the site leasehold right, and be registered in the Real Property Register. Easements can either be formed by the national cadastral authority, or through an agreement between property owners. It is not clear by legislation or legislation history, if the site lessee can grant both types of easements. The aim of this report is to identify the established law and the management in effect, and to discuss whether or not this is the most appropriate interpretation. It is clear that the interpretation is easements formed by the national cadastral authority, cannot be granted in the site leasehold right. By studying cadastral procedures, it appears that it does not exist one unified way of manage these procedures regarding compensation and consent from the site lessee. Easements are not formed for property encumbered with site leasehold rights in the same extent as for other properties. There are some circumstances that suggest that this is not the most appropriate interpretation of the law. Interested parties would be more likely to predict outcomes if the law was made more clear. Further studies are necessary to investigate what other consequences could come from altering the legislation.