Håller dammen? - Dammfastigheters lämplighetsbedömning vid fastighetsbildning

Sammanfattning

In Sweden every property unit needs to go through a suitability judgement when subdivided or amended. The judgement asks whether the property unit is suitable for its intended use regarding how the property unit´s boundary is drawn. What constitutes a suitable property unit is well established for most types of uses. This is not the case for property units with a dam on them, so called dam-properties. The purpose of this master thesis has therefore been to investigate what constitutes a suitable dam-property. This has been done mainly through a dossier study. In this study several dossiers of property formation, where a dam has been present, have been studied. A register of dam-properties in Sweden does not exist. Therefore, a substantial part of this body of work was finding a large enough quantity of these properties. Relevant literature has been studied and an interview conducted with a leading lawyer in this field. Through the dossier study, the literature and the interview, the following conclusion have been made. The property unit´s stated use should be something related to the dam´s use. It needs to contain or have access to the entire dam facility. There must also be an amount of distance from the facility to the property unit’s boundary. Disposition of the waterway that the dam is located on is also important and needs to be kept in mind during the creation of a dam-property.