Property laws

In Sweden, there are a number of laws that concern property law issues. This text provides a general presentation.

Real Property Formation Act (1970:988)

This act contains regulations regarding property formation, property definition and property registration. This includes how a property division is changed, how property division is done and the registration of properties in public registers. The Real Property Formation Act also regulates the conditions for a property formation to take place.

It is Lantmäteriet or the municipal land survey authorities that administers all matters concerning property formation/registration, and it takes place according to a special procedure called a cadastral procedure, which is regulated in Chapter 4 of the act. Decisions can usually be appealed in court.

Real Property Formation Act (1970:988) at the Riksdags website (only available in Swedish).

Utility Easements Act (1973:1144)

According to this act anyone who wishes to use space within a property for a cable, pipe or other device may be given a right to do so (utility easement). Questions relating to utility easement are reviewed in official proceedings.

Cables and pipes refer to data and telecommunication cables, water and sewer pipes, certain electricity cables and pipelines.

Utility easement is structured as something in between easement and usufruct. A utility easement need not be tied to an existing property, which an easement must always be. Without a tie to a property, the utility easement is similar to a usufruct (which is regulated in a different act). The difference is that the utility easement is not limited in time, which a usufruct is.

Utility Easements Act (1973:1144) at the Riksdags website (only available in Swedish).

Joint Facilities Act (1973:1149)

This act contains regulations on so-called joint facilities, which are facilities shared by multiple properties. These may be private roads, garages or water and sewer facilities that many properties make use of. The properties that participate in a joint facility constitute a joint-property unit for the installation and operation of the facility.

A joint facility is formed at a land survey authority through a joint facility procedure. The Joint Facilities Act regulates how this procedure shall take place. All joint facilities are presented in the real property register.

Joint Facilities Act (1973:1149) at the Riksdags website (only available in Swedish).

Swedish Environmental Code (1998:808)

The Environmental Code is partly a framework act. Several other acts are connected to the Environmental Code, including the Planning and Building Act, the Aviation Act, the Roads Act/Railway Act and the Forestry Act. A number of ordinances and regulations have also been published pursuant to the provisions in the Environmental Code.

Swedish Environmental Code (1998:808) at the Riksdags website (only available in Swedish).

Land Code (1970:994)

The Land Code contains rules for real property, legal conditions between neighbours and purchases, exchanges and gifts. There are also rules that concern for example rent, site leaseholds, easement, land registration, title deed registration, mortgage and registration of site leasehold and other rights of use.

Land Code (1970:994) at the Riksdags website (only available in Swedish).

Roads Act (1971:948)

The Roads Act contains regulations regarding the responsibility for the public road network, construction of public roads, operation of roads, rules of order and safety and compensation to land owners. It is the state and municipalities that are the road authorities for public roads.

Rules regarding private roads are found in the Joint Facilities Act described above.

Roads Act (1971:948) at the Riksdags website (only available in Swedish).