Real estate often represents a significant investment, and when conflicts arise, they can be both costly and time-consuming. What does Swedish law say about real estate disputes? Here are 100 common questions and answers about real estate disputes in Sweden.
1. What is a real estate dispute?
A legal conflict concerning ownership, use, or sale of real property.
2. What is real property under Swedish law?
Land and anything permanently attached to it, such as buildings.
3. What is personal property?
Anything that is not real property, such as cars and furniture.
4. When do real estate disputes arise?
When parties disagree about rights or obligations relating to a property.
5. What is a property sale dispute?
A conflict concerning the sale or purchase of real estate.
6. What is a hidden defect in a property?
A fault that the buyer could not reasonably have discovered at the time of purchase.
7. Who is responsible for hidden defects?
The seller, if the defect existed at the time of sale and was not detectable upon inspection.
8. What is the buyer’s duty to inspect?
The buyer’s obligation to thoroughly examine the property before purchase.
9. What is the seller’s duty to disclose?
The seller’s obligation to inform the buyer about significant defects not easily discovered.
10. Can a buyer claim a price reduction for a hidden defect?
Yes, if the defect is significant and affects the property’s value.
11. Can a property sale be canceled?
Yes, but only in cases of serious defects or breach of contract.
12. What is the real estate agent’s responsibility in a dispute?
The agent must act impartially and provide accurate information to both parties.
13. Can a buyer or seller sue a real estate agent?
Yes, if the agent acted negligently and caused financial loss.
14. What is a property purchase agreement?
A written agreement that regulates the sale of real estate.
15. Does a property purchase agreement have to be in writing?
Yes, by law it must be written and signed by both parties.
16. What is a bill of sale (köpebrev)?
A document confirming the completion of the property sale.
17. What is title registration (lagfart)?
Official registration of the property owner with the Swedish Land Registry.
18. Who applies for title registration?
The buyer, often with assistance from a lawyer or bank.
19. What is an easement (servitut)?
The right to use someone else’s property in a specific way, such as a private road.
20. What is an official easement?
An easement established by an authority, such as the Swedish mapping agency.
21. What is a contractual easement?
An easement agreed upon between two property owners.
22. Can easements lead to disputes?
Yes, especially if the scope or interpretation is unclear.
23. What is a boundary dispute?
A conflict over where the boundary between two properties lies.
24. Who resolves boundary disputes?
The Swedish mapping authority or, in some cases, the court.
25. What is property reallocation (fastighetsreglering)?
The redefinition of property boundaries or rights.
26. What is a property association (samfällighet)?
Joint ownership of land or facilities by multiple property owners.
27. What is a property association board?
The board that manages the joint property.
28. Can property association decisions be disputed?
Yes, for example, regarding fees or management decisions.
29. What is a building permit?
Permission from the municipality to build or modify a building.
30. Can building permit decisions be appealed?
Yes, to the County Administrative Board and possibly the court.
31. What is a zoning plan (detaljplan)?
A municipal plan regulating land use.
32. What is shoreline protection (strandskydd)?
Rules protecting public access to shores.
33. Can shoreline protection rules be waived?
Yes, but only under specific circumstances.
34. What is a land lease (arrende)?
The right to use someone else’s land for a fee.
35. What is a residential lease (bostadsarrende)?
A lease for residential use on someone else’s land.
36. What is an agricultural lease (jordbruksarrende)?
A lease for agricultural purposes.
37. What is a commercial lease agreement?
A contract to rent commercial space.
38. Can commercial leases lead to disputes?
Yes, regarding termination or contract terms.
39. What is tenant protection (besittningsskydd)?
The tenant’s right to have the lease extended.
40. What is a condominium (bostadsrätt)?
The right to live in an apartment owned by a housing association.
41. Can disputes arise in housing associations?
Yes, about fees, renovations, or management.
42. Who resolves housing association disputes?
Usually the association’s board, but sometimes the courts.
43. What is a land leasehold (tomträtt)?
The right to use municipal land for an annual fee.
44. What is a property mortgage (fastighetsinteckning)?
A security interest in real estate registered with the land registry.
45. What is a mortgage certificate (pantbrev)?
Proof of a property mortgage used as collateral for a loan.
46. Who manages mortgage certificates?
The Swedish mapping and land registration authority.
47. What is expropriation?
When the government takes over private property for public use with compensation.
48. Can expropriation lead to disputes?
Yes, particularly regarding compensation.
49. What is an environmental permit?
A permit required for certain activities under Swedish environmental law.
50. Can environmental permits lead to disputes?
Yes, particularly with neighbors or authorities.
51. What is a property inspection?
An evaluation of the property’s condition before purchase.
52. Can you hire a property inspector?
Yes, for a professional assessment.
53. What is a construction defect?
Faults in construction that may result in liability.
54. What is a construction contract dispute?
A dispute between a client and a construction company.
55. What are AB 04 and ABT 06?
Standard contracts for construction projects in Sweden.
56. What is a warranty period?
The period after completion when the builder is liable for defects.
57. What is a construction defect insurance?
Insurance covering certain building defects.
58. What is an energy performance certificate?
A document showing a building’s energy usage.
59. Who is responsible for the energy certificate?
The property owner.
60. What is an easement agreement?
An agreement establishing an easement.
61. What is a utility easement?
An agreement allowing utilities to cross private land.
62. What is the right of use (nyttjanderätt)?
The right to use someone else’s property without owning it.
63. Can use rights lead to disputes?
Yes, regarding terms or compensation.
64. What is a property transfer?
The change of ownership of real estate.
65. What is a deed of gift for real estate?
A document required when gifting property.
66. Can property gifts lead to disputes?
Yes, especially in family or inheritance matters.
67. What is a property division in divorce?
The distribution of property after separation or divorce.
68. Can property division lead to disputes?
Yes, over value or division terms.
69. What is a co-ownership agreement?
An agreement between co-owners about property management.
70. What is property partitioning (klyvning)?
Dividing property into smaller parts.
71. What is property formation (fastighetsbildning)?
The process of changing property boundaries or rights.
72. What is the property register?
The official record of properties in Sweden.
73. What is a property tax declaration?
A declaration to the tax authority about property value.
74. What is property tax?
A tax on certain types of real estate.
75. What is the property fee?
An annual fee on residential property.
76. Can tax issues lead to property disputes?
Yes, over valuations or tax decisions.
77. What is a lease fee?
The fee paid by a tenant to the landowner.
78. What is lease termination?
Ending a lease agreement.
79. What is leaseholder protection?
Protection for tenants against termination.
80. What is an eviction order?
An order requiring someone to leave a property.
81. What is the Enforcement Authority’s role in eviction?
They carry out the eviction.
82. What is a foreclosure auction?
A public sale of property by the Enforcement Authority to satisfy a debt.
83. What is a legal defect?
When someone else has rights to the property without the buyer being informed.
84. What is a priority rights dispute?
A conflict over who has the stronger legal claim to a property.
85. What is an easement dispute?
A disagreement over the scope or validity of an easement.
86. What is a transfer declaration?
A confirmation of ownership transfer in the bill of sale.
87. What is the purchase price?
The agreed price paid by the buyer.
88. What is a down payment (handpenning)?
An initial payment made when signing the contract.
89. What is contract rescission?
Canceling the contract and returning the parties to their original positions.
90. What is a dispute over contract terms?
A disagreement about what the contract actually says.
91. What is the buyer’s duty to inspect?
The buyer’s responsibility to check the property before purchase.
92. What is the seller’s disclosure duty?
The seller’s responsibility to disclose known defects.
93. What is a court case regarding property?
A legal process in court to resolve a property dispute.
94. Which court handles property disputes?
The District Court (tingsrätt).
95. Can property disputes be resolved through mediation?
Yes, often a faster and cheaper alternative to court.
96. What is an arbitration clause in property agreements?
A clause requiring disputes to be resolved by arbitration.
97. What is an arbitration award?
A binding private decision.
98. What are litigation costs in a property dispute?
Costs for legal representation and court fees.
99. Who pays the litigation costs?
Usually the losing party.
100. Why should you seek legal advice in property disputes?
To protect your rights and avoid costly mistakes.
