Rättigheterservitut

Rättigheterservitut, often translated as easement or right of way, is a legal concept in Swedish property law that grants a right to use another person's property for a specific purpose. This right is attached to a dominant property and burdens a servient property. It is a form of encumbrance on real estate.

There are two main types of servitut: personal servitut and real servitut. Personal servitut is tied to a specific individual and ceases to exist upon their death or if the right is granted to a legal entity, when that entity is dissolved. Real servitut, on the other hand, is linked to the property itself and transfers with the ownership of the dominant property.

Common examples of rättigheterservitut include rights of way, allowing passage across a neighbor's land to access one's own property, or rights to draw water from a well on another's land. Other examples can include the right to use a specific part of a property for parking or to lay utility lines.

Servitut are typically established through a written agreement, often registered with the Land Survey (Lantmäteriet) to ensure legal certainty and clarity for future owners. The extent and limitations of the servitut are defined in the agreement. If disputes arise regarding the interpretation or exercise of a servitut, they can be brought before the relevant authorities for resolution. The purpose is to enable the beneficial use of a property that might otherwise be restricted.