Problematiken vid samägd jord- och skogsbruksfastighet
De rättsliga förhållanden
Succession of OwnershipChange of GenerationJoint OwnershipAgriculture BusinessForestry BusinessGenerationsskifteägarskifteSamägandeJordbruksfastighetSkogsbruksfastighet
The purpose of this thesis is to investigate and analyze existing law concerning joint owner-ship in agriculture and forestry businesses. Joint ownership often arises through a succes-sion of ownership, therefore we will go through the most useful methods.Even if the owners of agriculture and forestry businesses are getting older, the numbers of succession of ownerships are still low. A succession of ownership is important to plan and its time is demanding. Often it takes three to five years for the completion of a succession of ownership. Therefore, owners must start their planning in time and think about what is to come of their business. During the planning, a decision must be made concerning who they want to take over and how it should be performed. When it comes to succession of ownership in agriculture and forestry businesses, three different methods are used. Those methods are inheritance, gift and purchase. These methods are also divided into unplanned and planned succession of ownership. For example, inheritance is unplanned and a gift and purchase, together with testamentary aquisitions, are planned.Inheritance occurs when the older generation passes away and the survivor inherits the property. If there is no survivor, the legal inheritance order decides who will inherit the property. Gift and purchase means that the owner gives away or sells the property to the younger generation. A combination of the methods can also be carried out. In that case, it is the compensation that decides if it is to be considered as a gift or a purchase. When the compensation exceeds the assessed value, the transfer is considered a purchase. Formerly, it was common that the oldest son took over the business. In this day and age, that does not happen as frequently. Far too often it is hard to find one person that wants to take over. Instead a succession of ownership is carried out to all the siblings. The reason for this is that the owner wants the business to stay within the family. This, even though joint ownership is to be considered as a bad solution that often leads to conflicts.Surrounding joint ownership, there are some problems that can arise at its origin during the joint ownership and in connection with the disposal. The choice of method, to transfer the farm, is of significance if a license is needed in order for the acquisition to be valid. It is also important to think through which stipulations that are put into the contract in connec-tion with the transfer. In the case that those stipulations are contrary to law then they are not valid.The problems that can arise during joint ownership often leads to disagreements. Examples of problems that will be mentioned in this thesis are which rules of law are applicable if a part owner has the right to farm the land and if the joint ownership is to be considered as a company. In the case of torn out conflicts, a possibility is presented implying that a de-mand can be made by any part owner that a sale shall be carried out at a public auction.