Marksamfälligheter som delägare i gemensamhetsanläggningar

Sammanfattning: The aim of the study is to examine the conditions for joint property units to be assigned participatory shares in a joint facility, as well as the consequences of such a procedure. The goal of the study is partly to answer if such a procedure is compatible with the rules of the law, but also to examine the occurrence of joint property units as members in joint facilities in practice. The study is grounded in literature studies where relevant concepts have been studied and compiled to give a broader insight within the subject. This has been combined with a quantitative study which examined cases where joint property units had been assigned participatory shares in joint facilities through a facility procedure. Facility procedures where joint property units are assigned a participatory share in joint facilities is a somewhat common occurrence for joint property units registered in the general section of the Real Property Register as members is a joint facility. The study came to the conclusion that such a procedure isn't in accordance with the statute of law, and should therefore be considered a faulty procedure. There may be a need to further study these facility procedures to understand the grounds the cadastral surveyors used to go through with such procedures. Faulty facility procedures can in some cases lead to joint facilities being dissolved, thereby removing all rights connected with the joint facility. This may have negative consequences for participating property units in a joint facility. For cases where a joint property unit is managed by a joint property association there may be some advantages with assigning the joint property unit a participatory share in a joint facility. Under these circumstances the co-ownership and the interested party are more aligned with the actual circumstances. A drawback is that the individual co-owners in the joint property units have less possibilities to affect decisions surrounding the joint property unit. For joint property units managed by a joint property association, which also puts a relatively small encumbrance on the joint facility, there may be cost incentives in allowing the joint property unit to be assigned a participatory share in a joint facility. In conclusion there is a need for the cadastral authority to further examine and explain the conditions for joint property units to be assigned participatory shares in joint facilities.