Ersättning för markåtkomst avseende tredimensionellt (tunnel) intrång i fastighet
Independent thesis Basic level (degree of Bachelor), 15 credits / 22,5 HE creditsStudent thesis
Chapter 1. 1 § jordabalken (1970:994) defines property as land that includes area, which is divided into properties.
A three-dimensional property must be firm with a closed volume where top and bottom are specified. The property boundaries are described clearly according to Chapter 4. § 27 fastighetsbildningslagen. A three-dimensional property can undermine a traditional property, as well as a three-dimensional property. The benefits of an intrusion, done by property in form of three-dimensional property compared to an easement, is mainly the matter of justice. An easement is defined as usufruct, where proprietorship means having the right of use will be stronger and clearer by title by three-dimensional intrusion of the property.
An intrusion can, with reference to Chapter 2. expropriationslagen, be done by authority including expropriation. A building or portion of property may be used for the benefit of the firm expropriating. For the implementation of such an intrusion an adjustment, regarding several factors between the individual and the public is taken into account. The benefits have to exceed the costs of the expropriation. Referring to the tunnel intrusion, City Line in Stockholm, the benefit will be time saved for a large number of passengers in public transport.
Referring to Chapter 4. 1 § ExL, property owners who are affected by intrusion on their property are entitled to compensation for lost market value of their property. The compensation should cover damage in terms of loss in market value of the property. Additional factors that affect property can serve as a basis for reimbursement.
Place, publisher, year, edition, pages
2011. , 51 p.
Tredimensionellt fastighetsintrång, 3D fastighet, tunnelintrång, ersättning expropriation, ersättning markåtkomst, citybanan
IdentifiersURN: urn:nbn:se:liu:diva-71706ISRN: LIU-IEI-FIL-G--11-00691--SEOAI: oai:DiVA.org:liu-71706DiVA: diva2:453154
Subject / course
Bachelor of Science Thesis (Kandidatuppsats från Affärsjuridiska programmet)
UppsokSocial and Behavioural Science, Law