Tredimensionell fastighetsindelning

Real estate is defined as ground, which is divided into property. Ground means every part of the surface, which is situated within the country. There is no legal definition of property to be found. Property is usually explained as every unit, which legally should be registered in the register of landed properties. To constitute a property the property must permanently be suited for its purpose. Property subdivision has up to now been made by a lateral demarcation on the ground level. A precise vertical demarcation of property has hitherto not been found. A government bill has recommended that properties could also be divided vertically, so called three-dimensional property subdivision. The purpose of three-dimensional property subdivision is to create the opportunity of, for instance, house-building on already existing commercial premises. To properties belong certain belongings, which is called fixtures. It could be buildings, pipes etc. Due to the establishment of three-dimensional property subdivision the need to use the adjoining property fixtures will be more apparent. In the government bill it is suggested that for instance fixtures to buildings should belong to the property where the fixture is. Thus there can be situations where a fixture stretches through a number of properties, which imply that a property, to a greater extent than by traditional property subdivision, is obliged to use an adjoining property. To relieve some problems those occur due to three-dimensional property subdivision the use of easement or jointly-owned facilities could be useful. These two trouble-shooters´ advantages and disadvantages are analysed in the theses. The result is that jointly-owned facilities is the best solution to the problem.

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