An easement agreement grants the owner of one property the right to utilize or otherwise make use of another property, building, or facility in a specific manner. The property that benefits from this right is referred to as the dominant estate, while the property that is encumbered is known as the servient estate. There are two types of easements: contractual easements and statutory easements.
Easements are tied to properties, not individuals. Typically, an easement is valid indefinitely and does not have a predetermined termination date.
Contractual easements
A contractual easement arises from an agreement between the owners of two properties, whereby one property is granted the right to use a specific feature on the other property. Common examples include the right of the dominant estate to use a road or well located on the servient estate. An easement must benefit the dominant estate; for instance, access to a recreational area like a beach cannot be registered as an easement. Furthermore, the owner of the servient estate is not obligated to perform any duties other than the maintenance of the feature to which the easement pertains.
For a contractual easement to be valid, the agreement must be executed in writing by the owner of the servient estate. The deed must clearly state the purpose of the easement and identify which property is the dominant estate and which is the servient estate. If these requirements are not met, the contractual easement is not valid. If the owner of the dominant estate is required to pay for the grant of the easement, payment must be made within one month, or the owner of the servient estate may rescind the agreement.
Contractual easements can be registered in the land register. By doing so, the Swedish Mapping, Cadastral, and Land Registration Authority (Lantmäteriet) ensures that any future owner of the servient estate is aware of the easement. Registration is done through a written application to the Property Registration Division of Lantmäteriet.
Statutory easements
Statutory easements are established by a decision from a public authority. The grant of a statutory easement can only occur if it is of substantial importance to the dominant estate. Statutory easements created after 1972 are recorded in the property register maintained by Lantmäteriet.
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