Development of hotel in Geilo was not subject to regional easement

In 2008, the owner of a hotel property acquired a neighbouring property to expand the hotel. The neighbouring property was subject to a negative easement, which among other things implied that the property could not be used for hotel activities. A number of neighbors brought an action against the hotel owner claiming that the planned construction project was in breach of the easement. They stated that the easement was a so-called regional easement, see section 4 of the Easements Act, which they could assert. The Supreme Court, like the Court of Appeal, found that the easement was not a regional easement. Decisive emphasis was placed on the wording and on the purpose of the easement, which was to prevent competition for the existing hotel and protect the operation of this hotel. The neighbours could therefore not assert the easement. The appeal against the Court of Appeal's judgment was dismissed.

Read the whole judgment (Norwegian only)

Areas of law: Negative easement. Development ban. District easement. Section 4 of the Easement Act. 

Key paragraphs: 54-55

Justices: Falkanger, Bergsjø, Bergh, Høgetveit Berg, Steinsvik