Abandoned Swedish joint facilities and utility easements: a case of “legal pollution”

Jesper Mayntz Paasch, Märit Walfridsson, Anna Eriksson, Emmy Hedlund, Marija Juric

Research output: Contribution to book/anthology/report/conference proceedingArticle in proceedingResearchpeer-review

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Abstract

Joint facilities and utility easements are important legal instruments regulating land use in the Swedish society. Joint facilities are created when two or more real properties have the need to use a facility, such as a parking space, in common. Utility easements are rights to construct and maintain e.g. a pipeline or cable located on a real property. Sometimes the installations cease to be of use for the right holders. This article investigates the legislation used to liquidate these rights legally as well as physically. The study has identified insufficient procedures regulating the demolition of the physical installations, which may result in a situation where physical installations remain on the property after the legal right has been liquidated. This may cause an inconvenience for the landowner due to own costs for removing the installation(s) or becoming responsible for the right holders ́ removal of the installation. Furthermore, increased costs affecting the landowner may arise in future cadastral procedures if the right still encumbers the property. The existence of installations no longer in use may even constitute a risk for human health and security, and the environment. The conclusion is that there is a need for better instructions and processes for removing the legal right and for who is responsible for the removal of the physical installation(s).
Original languageEnglish
Title of host publicationFIG Peer Review Journal
Place of PublicationKøbenhavn
PublisherInternational Federation of Surveyors
Publication date2017
Publication statusPublished - 2017
Externally publishedYes
EventFIG Working Week 2017: Surveying the world of tomorrow - From digitalisation to augmented reality - Helsinki, Finland
Duration: 29 May 20172 Jun 2017
http://www.fig.net/fig2017/technical_program.htm

Conference

ConferenceFIG Working Week 2017
CountryFinland
CityHelsinki
Period29/05/201702/06/2017
Internet address
SeriesFIG Peer Review Journal
ISSN2412-916X

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