Joint Facilities in Legal Private Management

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Abstract

The Swedish Joint Facilities create a common resource system for externalities of the individual property, such as common roads, bridges, residential services (waste disposal, car park, community places), irrigation and drainage schemes, and hunting ground. In a historical perspective, such facilities belonged to the village community, and remained as externalities when the society forced an internalisation into individual plots. The individualisation of property rights could not include such common resource systems. Today, the society demands a well-defined number of appropriators of common facilities.

The Swedish Joint Facilities Act operates efficiently with the landowners as legal appropriators. The Governmental Cadastral Officer creates an association as legal owner of the joint facilities, and hands it over to their own management. Only landowners with positive total outcome of cost and benefits are included, defined by the cadastral officer. The individual expectation value might occasionally reach negative values, but the cadastral officer estimates the general market value of the benefits of facility for each property. The estimation is done only once – when the joint facility is created.

A study of 9 aged associations in Southern Sweden has shown that the concept of benefit and self-management develops within the association, with practical arrangements of fees and liability. Confidence is essential within the association. Nevertheless, the resource systems are also supported with the legal liability and effectiveness of the legal compulsory system.

A detailed analysis of the associations shows exceptions from the legal set-up of individual shares for fees and liability. The self-management of the association overtakes the legal basis, dated decades ago. A current landowner’s sense of injustice has one legal and one practical way to be attended, within the association and application to the cadastral services, both with high threshold costs. Self-management in a landowners’ association is viable, if structures for changes are provided efficient and smoothly. Both justice and efficiency need high priority.
Original languageEnglish
Title of host publication[Host publication title missing]
PublisherFIG - Fédération Internationale des Géomètres
Pages1-17
Number of pages17
Publication statusPublished - 2006
EventXXIII FIG Congress - Munich, Germany
Duration: 2006 Oct 82006 Oct 13

Conference

ConferenceXXIII FIG Congress
Country/TerritoryGermany
CityMunich
Period2006/10/082006/10/13

Subject classification (UKÄ)

  • Civil Engineering

Keywords

  • equity
  • joint property unit
  • Joint facilities
  • Sweden
  • efficiency
  • association

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