Fastighetstillhörighet

Fastighetstillhörighet refers to the legal concept of what is considered part of a piece of real estate in Swedish law. It determines what is permanently attached to the land and therefore belongs to the owner of the property. This concept is crucial for defining the boundaries of ownership and is regulated by the Swedish Land Code (Jordabalken).

Generally, anything that is permanently affixed to the land or a building on the land is considered part of the property. This includes structures like houses, sheds, fences, and permanent landscaping. In addition to the physical structures, certain fixtures that are intended for the permanent use or benefit of the property are also included. This can encompass items like heating systems, plumbing, and integrated electrical wiring.

However, there are exceptions. Movable property, even if located on the property, is not considered part of the fastighetstillhörighet unless it has been permanently attached. For example, furniture, appliances that are not built-in, or vehicles are typically not part of the real estate. The intent of the attachment is also a key factor; if something is attached temporarily or for a specific, non-permanent purpose, it may not be considered part of the property. Disputes regarding fastighetstillhörighet can arise during property sales, inheritance, or boundary disagreements. The assessment often involves examining the nature of the attachment and the purpose for which the item was affixed.