In order to have facilities, which are common for some properties, functioning in a purposive manner for several users, the concept of joint facilities are established in Sweden. In ordinary cases in order to manage the joint facilities is to organise a joint property management association by co-owners of the properties. After the establishment of a joint facility, a need for changes or adjustments of that could arise. To implement these changes, a new cadastral adjudication procedure, under § 35 AL, can be applied, where the adjudication of the joint facility is re-exercised there.
In order to perform a reconsideration for an adjudication, one of the three criteria of § 35 AL should be met. In order to have the permission to modify the issue as a cadastral procedure again, the material criteria of AL 5-11 §§ need to be met as well. The goal of this project is to study the different criteria of AL § 35 and new cadastral procedure adjudications from the archives of the municipal cadastral authority. The main purpose of this work is to assess to what degree the new cadastral procedure adjudications apply and fulfil any criterion in AL § 35.
Those three criteria governing whether it is possible to perform a new cadastral procedure, regarding a joint facility, are changed circumstances, a clear need and a deadline stated in the previous cadastral procedure. The actual definitions of the first two criteria are not clear from the law, and therefore there is a difficulty for cadastral surveyors to assess and apply AL § 35.
In our study, 2.5% of total number of the analysed acts do not or doubtfully fulfil any criterion of AL § 35. In 15% the new cadastral procedures some unclear issues are seen, which put a question mark in front of the work of the cadastral surveyors in using and applying the paragraph, but the acts were done in any case.
The results of this project show that most of the assessed cases fulfil one of the necessary criteria, but despite this there are clear shortcomings in how AL § 35 is applied. It is often difficult for cadastral surveyors to know how this paragraph is assessed and applied, and which trial to apply for each criterion. Clearer and better explanations of these criteria can contribute to a more accurate and efficient cadastral procedure reconsiderations.