Äganderätten eller allemansrätten
En studie av hur små och medelstora markägare i mellersta Sverige skyddas av rättssystemet vid markpåverkan orsakad av tredja man
The aim of this master?s thesis in administrative law has been to study the property owners' legal rights when a third party impacts on the property. The essay is based on several case studies of landowners in central Sweden which has the purpose of forming a background to the legal studies of this field. The framework for current studies builds therefore on landowners' experiences of impairment and damages on their property and has been added to highlight a current problem that exists in central Sweden. The purpose of the study is therefore to see whether a protection in law is imposed on landowners with such problems as the land ownership study shows. Are there laws that provide protection? Are there restrictions on the duty to enforce this law? In addition, the law sets against the views of security breaches that have emerged in land ownership study. Are there gaps in the protection of the properties ownership?The investigation will show that there are some shortcomings in the protection of the owner's rights to their land. Protection gap can mainly be derived from the lack of legal support at ground impact. The investigation will show that the main shortcoming of protection for the property owner comes from restrictions on the landowner's opportunity to lament rectified or proceedings with municipal and government institutions.Allemansrätten is invoked by individuals in order to justify a certain action and to explain why they are staying on someone else's land. Common rights are constitutionally protected by the freedom- and rights chapter of the constitution. The paper will also show that the lack of security surrounding land ownership may be due to the importance of everyman's commercial enrollment in the Instrument of Government Chapter 2.Finally, the essay will show that the state inter alia, is failing to fulfill its positive obligation that is tied to the protection of property and does not meet Sweden's obligations under the European Convention on Human Rights and Freedoms.