Markrätt

Markrätt is a Swedish term referring to the legal framework that governs land and real property. It describes the rights and obligations connected to land, including ownership, use, transfer and encumbrances. In Swedish law markrätt is part of fastighetsrätten (real property law) and is primarily codified in Jordabalken (the Real Property Code), with supplementary rules from planning, building and environmental legislation.

The concept encompasses different real rights in land, such as äganderätt (ownership), nyttjanderätt (usufruct or right of use), and servitut (easements), as well as financial interests like inteckning (mortgage) and other restrictions that affect how land can be used. Ownership grants exclusive rights to use and dispose of the land, within the bounds of public law and any established servitudes or zoning rules. Nyttjanderätt allows a person to use land or a dwelling for a period or under specific conditions without transferring title. Servitut creates a right for one property to use another property for a particular purpose, such as a right of way. Inteckning secures a loan by the land as collateral and is registered in the land register.

Registration and enforcement are handled by the land register maintained by the Swedish authority Lantmäteriet, which provides public notice of property rights and facilitates transactions. Markrätt thus covers both ownership and various limited-use or collateral interests in land, while distinguishing real rights from purely personal claims or possession.

Historically, markrätt has evolved from feudal and customary practices to a modern statutory framework. Today, it balances strong private property rights with public interests such as planning, environmental protection and expropriation for public use. See also Jordabalken, fastighetsregister, servitut and nyttjanderätt.