New layout of properties and rights

In some cases the clarifying of property rights is not enough to solve the problems for the owners. In these cases, it is necessary to change the layout, eliminate rights of use, prescribe rules for the use of the properties, and so on.

This is called land consolidation and includes the following measures:

Dissolving joint ownership

In places where land and rights are owned jointly, the land consolidation court can dissolve the joint ownership and divide the area such that each coowner receives an individual plot which corresponds to his share in thecommons. Often huge outfield areas are owned in commory and through this type of case each owner gets the right to use his share (area) in a new way.

Division of properties

The land consolidation court can divide farmland, but permission from the Department of Agriculture in the municipality is needed. The future use of the area has to be agricultural. An example of this is when a country courtyard is to be divided from the rest through the distribution of arable land or by dissolving a system of personal joint ownership.

New layout of properties

Often properties are fragmented or have an awkward shape. If a new layout would be more beneficial, the land consolidation court can reallocate property through the exchange of land.

New layouts are also used in connection with the division of properties and when land and rights are to be disposed of in accordance with the purpose of the Land Act. In corurection with public building projects - for example, roads, railways etc.- it might be necessary to exchange properties so that the area is usefully framed in relation to the new building project. In such cases the court will conduct an appraisement and decide on the compensation for the damage to each property caused by the new initiative.

Prescribing rules relating to use

In areas where there is joint pasturing of land, hunting, and so on, the land consolidation court can prescribe rules for the use of the area. Such rules can also be prescribed in areas with joint ownership, or in areas where complex land tenure makes land use difficult.The rules do not change the actual land tenure or governing legal statuses, but prescribe rules on how the properties and rights can be used.

A case regarding regulation of use can also solve problems when it is necessary for several owners to collaborate in order to manage development in an area. If necessary the land consolidation court can assist the parties in preparing a development plan to divide the value of development between the owners. Potential plans have to be approved by the municipalities according to the rules in the Planning and Building Act.

Joint measures

Prescribing rules relating to use is often not enough. When it is necessary to make an investment in order to solve the problem, the case is called a "joint measure."

To solve the problem, for example, created by the passage of a new roadinto an area, it is often necessary to build the road and in addition regulate theright of way. Often such an investment can be beneficial to several properties, and in such a case the court can arrange joint measures and divide the costs.

Elimination of rights

Permanent usufruct rights such as the right to turf, to pasture, to make hay, and so on, can cause problems for the usage of the underlying estate. Such rights can be eliminated by the court through compensation in terms of land, money, or other valuable consideration. The railway authority can use this power to eliminate dangerous railway crossings.

Til toppen