Besittningsrätt

Besittningsrätt, or the right of possession, is a term in Swedish civil law that denotes the legal entitlement to possess and use a thing. It is different from ownership and from other stronger real rights; it concerns the holder’s actual control and the protection this control affords against someone who tries to dispossess them. Besittningsrätt can arise from possession itself or from a contract that gives the holder a right to use the object, for example a tenant under a lease or a member with a bostadsrätt in a housing cooperative.

The scope of besittningsrätt covers both movable and immovable property, such as a car, a chair, or a dwelling. It enables the possessor to use the object as agreed and to exclude others from using it, within the limits the law allows. In housing and property contexts, besittningsrätt is closely linked to besittningsskydd, the legal protection against unjust eviction or removal from possession, especially for tenants and cooperative members.

Acquisition and transfer occur through possession or through contractual arrangements. The right can be transferred along with the object or its use, for instance when a rental agreement or a bostadsrätt is transferred to a new holder. However, besittningsrätt is always subordinate to the rightful owner’s title and to applicable laws, meaning that possession can be challenged or ended by lawful procedures or by the owner regaining control under the law.

In practice, besittningsrätt is a foundational concept in resolving disputes over who may possess a property or item and under what conditions possession should be maintained or relinquished.