Fastighetsbestämning och särskild gränsutmärkning i Sverige

Sammanfattning: The purpose of this thesis is to describe property definition and special boundary demarcation and to analyze the differences between the two cadastral procedures. Property boundaries, especially unlawfully determined boundaries created through unofficial parcelling, can create conflicts between landowners and make it diffi-cult to know which land that a property contains of. It is possible to clarify the boundary conditions through a property definition or through a special boundary demarcation re-establish boundary marks. The methods used are: (1) A literature review to collect background information, (2) A case study to summarize court cases and (3) A questionnaire study to collect opinions from cadastral surveyors. The result is summarized in two comparisons. Firstly between restoration of landmark and special boundary demarcation (which replaced restoration of landmark in a legislative change in 2010), which demonstrated that the change in the law is considered positive because special boundary demarcation gives a legal effect on the boundaries. Secondly between property definition and special boundary demarcation which demonstrated that the two procedures are similar to each other. One difference between the procedures is that special boundary demarcation only can be used when there are no uncertainties concerning the boundary. It also demonstrated that the cadastral procedure costs only can be distributed during property definition. The legal effect on the boundaries contributes with a certainty for the property owners and is also considered positive for the community development. No exact definition of what a legal uncertainty is, was found using the three methods. A definition should make it easier to know which cadastral procedure that should be used. A question to examine in future studies is the possibilities to distribute cadastral procedure costs even during special boundary demarcation.