Villkor för tvångsvis fastighetsreglering : En inventering av rättsfall med fokus på båtnadsvillkoret och förbättringsvillkoret

Sammanfattning: Property reallotment is a measure that is done in accordance with the FBL. Property reallotment may involve a change in the division of property. Esements can beformed, changed and canceled through property realloments and joint property units can be formed and changed. For example, a change in the division of property unitsmay apply to partition, subdivision and amalgamation of properties and entails a forming of the property in question. The measure can be implemented by agreement between the property owners and also with coercion. Such a measure entails a large encroachment of individualproperty rights and is therefore protected by a number of terms. Reallotment may only be enforced if it meets the terms that protect public and private interests. Theseare regulated in Chapters 3 and 5. FBL. This thesis focuses on the protection of the individual interests, which are mainly regulated in Chapter 5, 4–8, §§ FBL. In thecase of voluntary agreements, these terms may be agreed upon. The purpose of this thesis is to present and clarify how the improvement and advantage terms for property reallotment are applied in the courts. The thesis alsoexplains what legitimates coercive rules. A case review of about 20 cases has been made to find a pattern in how the courts interpret the requirements in theparagraphs. In order to find relevant cases that deal with the terms, all cases in the LMRR between 2009 and 2020 were reviewed. In addition to the cases, legislativehistory and doctrine have also been studied. The conclusion describes examples of occasions when the terms are usually considered to be fulfilled and the factors that are used in the assessments. What isclearly evident is that what is usually regarded as an improvement or advantage of a property regulation is of an economic nature.