samfällighets

Samfällighets is a Swedish legal concept referring to a jointly owned property or right that is attached to one or more real estate properties. This shared ownership is established for a specific purpose that benefits the properties involved, such as access roads, common green spaces, recreational facilities, or utility systems like water or sewage. Unlike a regular joint ownership where all owners have equal rights and responsibilities, a samfällighets is created and governed by specific regulations to ensure its intended use and maintenance for the benefit of the associated properties.

The establishment of a samfällighets typically occurs during land subdivision or when multiple property owners agree to share a resource. A formal agreement or a decision by a land surveying authority (lantmäteriet in Sweden) defines the scope of the samfällighets, the properties it serves, and the rights and obligations of the property owners. Membership in the samfällighets is automatically linked to the ownership of the designated real estate. Owners are usually obligated to contribute financially to the upkeep and management of the shared property or right, often through annual fees. The purpose of a samfällighets is to facilitate cooperation and ensure the long-term provision and maintenance of essential services or amenities that would be impractical or too expensive for individual property owners to manage alone.