Fordingsrätt

Fordingsrätt is a Swedish legal concept that translates to the right of passage or right of way over another person's land. It is a type of easement, a legal right that allows a property owner to use a portion of another's land for a specific purpose. This purpose is typically to access their own property when it is landlocked or to use a shared resource such as a well or a driveway.

The establishment of fordingsrätt can occur in several ways. It can be created by agreement between the landowners, where one party grants the right to the other. Alternatively, it can be established through prescriptive use, where continuous and open use of the land for a statutory period (usually twenty years in Sweden) can give rise to the right. In some cases, a court may grant a fordingsrätt if a property is rendered unusable without it.

The scope and limitations of a fordingsrätt are usually defined when it is created, either through the agreement or a court order. This might specify the exact path to be used, the type of access allowed (e.g., pedestrian, vehicular), and any restrictions on its use. The landowner burdened by the fordingsrätt generally retains ownership of the land but cannot interfere with the established right. The holder of the fordingsrätt is typically responsible for maintaining the passage or access point. Disputes concerning fordingsrätt are resolved through civil litigation.