Easements & Usufruct: Your Guide Before Buying a House in Sweden

Buying a house is a big step, and it’s important to be aware of all aspects of the property. One of these aspects is easements (servitut) and usufruct (nyttjanderätter). These rights can affect your use of the property and are therefore crucial to understand before signing the purchase agreement. In this article, we’ll go through what easements and usufruct mean, how they work, and what you should consider before buying a house in Sweden. We will focus on easements, explain different types, and provide practical examples to make you feel secure in your housing transaction. Read on to get a clear picture of these legal rights and how they can affect your future living situation. This guide will help you navigate the legal landscape in Sweden and ensure you make a well-informed investment. Understanding easements is an important part of being a responsible property owner in Sweden, and we are here to guide you through the process. At Bofrid, we want to give you the tools you need to succeed in the Swedish housing market. Let's dive into the details!

What is an Easement and Why is it Important to Know About in Sweden?

An easement (servitut) is a right for one property to use another property in a certain way. For example, it could be a right to use a road, a well, or a utility line located on the neighbor's land. It is important to be aware of easements because they can affect both the value and use of your property in Sweden. If you buy a property with an easement, you are bound by it and must allow the neighbor to use your land in the way the easement describes. Ignoring an easement can lead to legal disputes and costly lawsuits in the Swedish legal system. Therefore, it is crucial to conduct a thorough investigation of the property and its easements before you buy it.

What Defines an Easement?

An easement is defined by an agreement or a decision that gives one property the right to use another property. This agreement must be in writing and clearly specify the rights and obligations that apply. It is also important that the easement is registered in the property register (fastighetsregistret) in Sweden, which makes it public and binding on all future owners of the properties. Without proper registration, the easement may be difficult to assert.

What Types of Easements are There in Sweden?

There are mainly two types of easements in Sweden: official easements (officialservitut) and contractual easements (avtalsservitut). Official easements are created through a decision by an authority, usually the Swedish Mapping, Cadastral and Land Registration Authority (Lantmäteriet), while contractual easements are created through an agreement between the property owners. Official easements are often linked to public interests, such as roads or utility lines, while contractual easements usually involve private agreements, such as a right to use a dock or a parking space.

How Does an Easement Affect the Property's Value in Sweden?

An easement can both increase and decrease the value of a property in Sweden. If your property has the right to use a road across the neighbor's land, it can increase the value because it makes your property more accessible. On the other hand, if your property is burdened by an easement that gives the neighbor the right to use your well, it can decrease the value because it restricts your own use of the land. The impact on value therefore depends on the nature of the easement and how it affects the property's usability.

How Does an Easement Work in Practice in Sweden?

An easement works as a legal agreement that gives one property the right to use another property in a certain way in Sweden. For the easement to be valid, it must be in writing and clearly specify the rights and obligations that apply. It is also important that the easement is registered in the property register. In practice, this means that the property that has the right (the dominant estate) can use the other property (the servient estate) in the way the easement describes. The servient estate, on the other hand, must allow this use and must not prevent the dominant estate from exercising its right.

Step-by-Step: Checking Easements Before Purchase in Sweden

Before you buy a property in Sweden, it is important to carefully check if there are any easements that affect the property. Here is a step-by-step guide:

1. Request an extract from the property register: Contact Lantmäteriet and request an extract from the property register for the property in question. This extract shows all registered easements and other rights that burden the property.
2. Read the easement agreement carefully: If there are easements registered, request a copy of the easement agreement and read it carefully. Make sure you understand the rights and obligations that apply.
3. Visit the property: Walk around the property and see if there are any visible signs of easements, such as a road or a utility line that runs across the land.
4. Talk to the seller: Ask the seller if they are aware of any easements that are not registered in the property register. There may be verbal agreements or old easements that have not been registered.
5. Get legal help: If you are unsure about anything, contact a lawyer or a property consultant who can help you interpret the easement agreement and assess its impact on the property.

Common Situations Where Easements Arise in Sweden

Easements often arise in situations where properties share a common resource or need access to another property to function optimally in Sweden. Here are some common examples:

• Road easement: Gives one property the right to use a road that runs across another property.
• Well easement: Gives one property the right to take water from a well located on another property.
• Utility line easement: Gives one property the right to run utility lines (for example, for water, sewage, or electricity) across another property.
• Dock easement: Gives one property the right to use a dock located on another property.
• Parking easement: Gives one property the right to park in a parking space located on another property.

What Happens if an Easement is Not Respected in Sweden?

If an easement is not respected in Sweden, for example, if the servient estate prevents the dominant estate from exercising its right, it can lead to a legal dispute. The dominant estate can then turn to the court to get the property to comply with the easement agreement. The court can then order the servient estate to cease the obstruction and possibly pay damages to the dominant estate. It is therefore important to always respect easements and to try to resolve any disputes through negotiations before resorting to legal action.

The Difference Between Easement and Usufruct in Sweden

It is important to understand the difference between easements and usufruct, as they have different meanings and consequences under Swedish law. An easement is a right for one property to use another property in a certain way, while a usufruct is a right for a person to use a property. Easements are therefore linked to the property, while usufructs are linked to a person. This means that an easement follows the property even if it changes owners, while a usufruct ceases to apply if the person moves or dies. Renting is a form of usufruct.

Easement vs. Leasehold in Sweden

Leasehold (arrende) is also a form of usufruct in Sweden, but it differs from easements in several ways. Leasehold means that a person (the leaseholder) has the right to use a property for a fee (the leasehold fee). The leasehold agreement is time-limited and can be renewed. Unlike easements, which are linked to the property, leasehold is linked to a person. There are different types of leasehold in Sweden, such as agricultural leasehold, residential leasehold, and construction leasehold. It is important to be aware of the differences between these rights to avoid misunderstandings and legal problems.

Consequences for Property Owners in Sweden

Both easements and usufructs can have consequences for property owners in Sweden. If your property is burdened by an easement, you must allow the dominant estate to use your land in the way the easement describes. If your property is leased out, you must respect the leaseholder's right to use the property according to the leasehold agreement. It is therefore important to carefully investigate the rights and obligations that apply before you buy a property or enter into a leasehold agreement. Ignoring these rights can lead to legal disputes and costly lawsuits.

How to Find Information About Easements in Sweden?

Information about easements is available in the property register, which is kept by Lantmäteriet. You can request an extract from the property register for the property in question to see which easements are registered. This extract shows all registered easements and other rights that burden the property. You can also contact Lantmäteriet directly for help interpreting the information in the property register. It is important to note that there may be easements that are not registered in the property register, such as old easements that were created before the register was introduced. These easements may still be valid, so it is important to conduct a thorough investigation of the property and its history.

Using Lantmäteriet's Services

Lantmäteriet offers several services that can help you find information about easements in Sweden. For example, you can use their website to search the property register and order extracts. You can also contact their customer service for help with your questions. Lantmäteriet can also help you interpret the information in the property register and assess its impact on the property. It is important to note that Lantmäteriet charges a fee for its services, so it is good to check the prices before you order anything.

Interpreting the Property Register in Sweden

The property register can be difficult to interpret, especially if you are not used to legal terms in Sweden. It is therefore important to take the time to read the information carefully and to seek help from an expert if you are unsure about anything. In the property register, you will find information about all registered easements, including their type, scope, and which properties are affected. You will also find information about any restrictions or conditions that apply to the easement. If you have difficulty interpreting the information, you can contact Lantmäteriet or a lawyer for help.

Important Documents to Review

When investigating easements, it is important to review several different documents in Sweden. Here are some important examples:

• The property register: Contains information about all registered easements and other rights that burden the property.
• The easement agreement: Describes the rights and obligations that apply to the easement.
• The purchase agreement: May contain information about any easements that the seller is aware of.
• Maps and drawings: Can show where the easement is located on the property.
• Minutes from Lantmäteriet proceedings: Can contain information about how the easement was created and what decisions have been made.

What Should You Consider Before Buying a Property with an Easement in Sweden?

Before you buy a property with an easement in Sweden, it is important that you understand the rights and obligations that apply. Read the easement agreement carefully and make sure you understand what it means in practice. Keep in mind that the easement may affect your use of the property and that you must allow the neighbor to use your land in the way the easement describes. It is also important to investigate whether there are any disputes or problems associated with the easement. If there are disputes, it may be wise to refrain from buying the property or to negotiate the price.

Negotiating the Terms

In some cases, it may be possible to negotiate the terms of an easement in Sweden. This may be relevant, for example, if the easement is old and no longer corresponds to today's needs. To negotiate the terms, you must contact the other property owner and try to agree on a new agreement. If you cannot agree, you can turn to the court for a review of the easement. It is important to note that it can be difficult to change the terms of an easement, especially if it is an official easement.

Investigate Any Disputes

Before you buy a property with an easement, it is important to investigate whether there are any disputes or problems associated with the easement in Sweden. For example, you can talk to the neighbors and ask if they are aware of any problems. You can also contact Lantmäteriet or a lawyer for help investigating any disputes. If there are disputes, it may be wise to refrain from buying the property or to negotiate the price. An ongoing dispute can become a long and costly story.

Assess the Impact on Your Use

Before you buy a property with an easement, it is important to assess how the easement will affect your use of the property in Sweden. Keep in mind that the easement may limit your ability to build, plant, or perform other actions on your land. If you are unsure how the easement will affect your use, you can contact a lawyer or a property consultant for help. It is better to be safe than sorry after the purchase.

Frequently Asked Questions

Here we answer some frequently asked questions about easements and usufructs in Sweden.

What Happens to an Easement Upon a Sale?

An easement follows the property upon a sale in Sweden. This means that the new owner of the property is bound by the easement and must allow the dominant estate to use the land in the way the easement describes.

Can an Easement be Removed?

It is possible to remove an easement in Sweden, but it requires either an agreement between the property owners or a decision by a court. If the property owners agree, they can draw up a written agreement to cancel the easement. If they do not agree, the person who wants to remove the easement can turn to the court for a review.

How Much Does it Cost to Register an Easement in Sweden?

The cost of registering an easement varies depending on the type of easement and the scope of the work in Sweden. Contact Lantmäteriet for an exact price quote.

Who is Responsible for the Maintenance of an Easement in Sweden?

The responsibility for the maintenance of an easement depends on what is stated in the easement agreement in Sweden. In most cases, it is the dominant estate that is responsible for maintaining the easement, but it can also be the servient estate or both parties together. It is important to clarify this in the easement agreement to avoid disputes.

What is the Difference Between an Official Easement and a Contractual Easement in Sweden?

Official easements are created through a decision by an authority, usually Lantmäteriet, while contractual easements are created through an agreement between the property owners in Sweden. Official easements are often linked to public interests, while contractual easements usually involve private agreements.