Dissertation: Easement: a civil and public law right of use
- Location: Brusewitzsalen, Östra Ågatan 19, Uppsala
- Doctoral student: Amelia Krzymowska
- About the dissertation
- Organiser: Department of Law
- Contact person: Estelle Lerceteau-Köhler
Amelia Krzymowska defends her thesis in Private Law
Opponent: Prof Jori Munukka, Stockholm University
Chairperson of the public defence: Professor Margareta Brattström, Uppsala University
Easement is a central legal concept that enables supplementation of a property with a certain function, to the detriment of another property. Historically, an easement has required an agreement between the property owners. However, since the property law reform of the 1970s, the easement concept has been supplemented with provisions in the Real Property Formation Act, which meant that easements can now be created, altered, or terminated even without such agreement.
In this thesis, the easement concept is analysed and identified based on the opposition between the interests of a dominating and a servient property. As the easement concept now includes public law features, through the provisions in the Real Property Formation Act, the opposition between protection of property and the public interest of allowing infringements through easements is also analysed. The interplay between the civil law easement concept and the new easement concept partially characterised by public law is of particular interest.
The thesis covers, among other things, the following:
- invalidation of contractual easement because of non-fulfilment of basic preconditions,
- the scope for creating a cadastral easement,
- alteration and termination of an easement in case of changed circumstances, and
- alteration and termination of an easement that obstructs planned or appropriate use of the servient property.
- the right to compensation when creating, alternating and terminating easements.
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