Servitutsrekvisit -Rättspraxis inom fastighetsrätten - KTH

ABSTRACT
As long as there have been modern societies, it has been a need to regulate land
linked rights between real estates. During the roman empire, a legislation was
developed that decided how these rights would function. This legislation became
the infancy to today's easement. Easements are used in order to improve real estates
and can to concern purposes both in and outside the plot boundaries. One
common occurring easement is the right to use a road over another real estate.
Easements can be formed through agreements or official decisions according to
Swedish law.
This master's thesis has as aim to elucidate some common prerequisites of easements
that will be met throughout the formation. The prerequisites that are processed
and analyzed are among other things about steady lasting importance or not.
The social change has given that certain older functions of easements has been
lost and replaced with new ones. Today, the right to take wood for house heating
is not as important as in the old days. Instead, we can see that new functions as
hunting and sport fishing for secondary residence now is considered more important.
Gray zones and fluid boundaries in the legislation is a condition to make it
possible for the prerequisites of easements to follow the changes in the society.
Without the elasticity in the legislation, many of the easements would lose their
function and forced to be reorganized. This would mean unreasonable costs for
the society and lead to a questioning of the legitimacy of easements.
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