Vilandeförklaring av lantmäteriförrättning - Underutnyttjat verktyg som kan effektivisera exploateringsprocessen?

The cadastral procedure is, in Sweden, led by a cadastral authority. If there is an obstacle to applied new division into property units, the cadastral authority can declare the cadastral procedure dormant until the obstacle is obviated if the new division into property is later expected to be allowed. This master thesis aims to clarify how dormant declaration is used today and how the implementation should be made, mainly in connection to local plans. Literature related to the topic is flawed. Therefor, focus has been on studying relevant legal cases, making interviews and investigative recent orders of dormant declaration, i.e. the practical implementation. When examining current cadastral procedures that is declared dormant, it was determined that the implementation was very inconsistent. From the legal cases there are only a few useful precedents. But we can tell that if a local plan is adopted but an appeal has been made it is entitled to declare the cadastral procedure dormant pending the appeal. From the manual issued by the cadastral authority, it can be stated that the work with connected local plan must have started and have reached some progress to enable a dormant declaration. Although, there is nothing that indicates what some progress means and how to adopt that. Instead of declare a cadastral procedure dormant, it has been shown that surveyors often await the processing but this is contrary to the law since an authority must apply active processing. Dormant declaration can be used to secure property acquisitions. But if a dormant declaration is not possible the option is to apply for a formation of a development property. The law applicable during a property formation is almost half a century old. The development process has undergone major changes since the legislation was introduced but the interviewed still think that the legislation for dormant declaration is clear and simple to apply. An update is therefore not considered necessary, but the lack of precedent is probably why there is still an inconsistency on the implementation.