2005Lund University Publications (Lund University)Open access

A Future Legal Coordinated Cadastre for Sweden

Kristin Land, Former name Kristin Karlsson

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Abstract

This paper initially presents an introduction to the Swedish land administration system, particularly focusing on the parts of the Real Property Register that compose the cadastre. Here, a brief retrospect of the long tradition of land related registration follows by an account of the current components, functions and parties concerned. The second part of the paper then discusses a vision, expressed by the National Land Survey of Sweden, of implementing a legal coordinated cadastre. In short, that would mean making the boundary point coordinates, mirrored in the digital cadastral map, conclusive evidence of the location of boundaries. The aim of such a cadastre is to make possible more efficient and secure handlings with land within cadastral work, physical planning, infrastructure projects etc. Due to the present hierarchy of evidence, the “monuments before measurements” principle stated in the Land Code, a future reform of that kind would give rise to great challenges in respect of technical, economical and legal aspects. Some of these issues have become subject of a doctoral study at Lund University, Sweden. The aim of the study is to identify and analyse probable consequences of an implementation of a Swedish legal coordinated cadastre. The question of legislation and legal security, both in regard to the public sector and private interests, will be especially emphasised. The last part of this paper breifly presents this ongoing doctoral study.

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What this paper is about

This paper initially presents an introduction to the Swedish land administration system, particularly focusing on the parts of the Real Property Register that compose the cadastre. Here, a brief retrospect of the long tradition of land related registration follows by an account of the current components, functions and parties concerned. The second part of the paper then discusses a vision, expressed by the National Land Survey of Sweden, of implementing a legal coordinated cadastre. In short, that would mean making the boundary point coordinates, mirrored in the digital cadastral map, conclusive evidence of the location of boundaries. The aim of such a cadastre is to make possible more efficient and secure handlings with land within cadastral work, physical planning, infrastructure projects etc. Due to the present hierarchy of evidence, the “monuments before measurements” principle stated in the Land Code, a future reform of that kind would give rise to great challenges in respect of technical, economical and legal aspects. Some of these issues have become subject of a doctoral study at Lund University, Sweden. The aim of the study is to identify and analyse probable consequences of an implementation of a Swedish legal coordinated cadastre. The question of legislation and legal security, both in regard to the public sector and private interests, will be especially emphasised. The last part of this paper breifly presents this ongoing doctoral study.

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Available abstract

This paper initially presents an introduction to the Swedish land administration system, particularly focusing on the parts of the Real Property Register that compose the cadastre. Here, a brief retrospect of the long tradition of land related registration follows by an account of the current components, functions and parties concerned. The second part of the paper then discusses a vision, expressed by the National Land Survey of Sweden, of implementing a legal coordinated cadastre. In short, that would mean making the boundary point coordinates, mirrored in the digital cadastral map, conclusive evidence of the location of boundaries. The aim of such a cadastre is to make possible more efficient and secure handlings with land within cadastral work, physical planning, infrastructure projects etc. Due to the present hierarchy of evidence, the “monuments before measurements” principle stated in the Land Code, a future reform of that kind would give rise to great challenges in respect of technical, economical and legal aspects. Some of these issues have become subject of a doctoral study at Lund University, Sweden. The aim of the study is to identify and analyse probable consequences of an implementation of a Swedish legal coordinated cadastre. The question of legislation and legal security, both in regard to the public sector and private interests, will be especially emphasised. The last part of this paper breifly presents this ongoing doctoral study.

Key concepts: Cadastre, Land registration, Land administration, Legislation, Work (physics), Hierarchy, Political science, Environmental planning

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