Coordinate-Defined Real Property Boundaries
Analysis of conditions and proposals for reform of the Swedish boundary system
Time: Thu 2024-09-26 09.00
Location: V3, Teknikringen 72, Stockholm
Video link: https://kth-se.zoom.us/j/69042532716
Language: Swedish
Subject area: Real Estate and Construction Management
Doctoral student: Linda Aldén , Lantmäteri – fastighetsvetenskap och geodesi
Opponent: Docent Elisabeth Ahlinder, Stockholms universitet, Juridiska fakulteten, Juridiska institutionen
Supervisor: Professor Peter Ekbäck, Lantmäteri – fastighetsvetenskap och geodesi; professor Annina H. Persson, Lantmäteri – fastighetsvetenskap och geodesi; Teknologie doktor Linda Sabel, Lantmäteriet
QC 20240826
Abstract
According to the main rule in Chapter 1 Section 3 of the Land Code (1970:994), a property boundary is determined by the course marked on the ground in due order. If the marking can no longer be ascertained, the boundary shall follow the course which, in the light of a cadastral plan together with documents, possession and other circumstances, was presumably intended.
Still, there is an explicit strategy for Sweden to become a world leader in seizing the opportunities of digitalization. In the context of land development, there are high hopes that a seamless digital process will reduce lead times and, in the long run, contribute to an increased housing supply. From this perspective, the physical boundary marker poses a limitation that renders a fully digital land development process impossible.
In this study, the conditions for a reform of the Swedish boundary system have been analyzed while also outlining how such a reform proposal can be implemented. In summary, the purpose of this work is not to investigate whether a transition to a new boundary system should be made, but how it can be achieved.
The starting point is that the physical boundary mark should be replaced with coordinates that define the accurate location of the boundary. This requires legislative changes to both the Land Code and the Property Formation Act (1970:988). At the same time, the proposal must be designed to prevent property losses.
Given these conditions, a proposal for a boundary reform is presented where boundary marks are defined by coordinate data instead of other evidence, such as markings. The proposal is that this will be done through a cadastral procedure. The transition to coordinate-determined points being handled by the cadastral authority. The following elements are of central importance in the reform proposal:
1. In all cadastral procedures, additional boundary points are determined by coordinates.
2. A new property formation measure, a boundary redefinition, is introduced in the Property Formation Act, through which existing boundary marks can be redefined by coordinate data.
3. The municipality is given the authority to decide whether property boundaries should be defined by coordinates when adopting a new digital detailed development plan. The transition is carried out by means of a cadastral procedure, see points 1 and 2.
If the research project's proposal were to be implemented, it would mean that one obstacle, out of many, would be removed on the way to a seamless digital land development process.