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Here you can read about the Renewal act and what it contains.
What are the effects of the Renewal act?
The effect of the Renewal act is that the contractual easements or usufructs where registration had been granted before July 1st, 1968, were removed from the land register at the beginning of 2019.
The affected properties were those who had a contractual easement, a usufruct or a right of origin connected to them. Those properties that were not affected were those that had legal easements, a registered site leasehold or of hydro power and water regulation.
What has happened to the contractual rights?
Read more under questions and answers on this page about what has happened to the contractual rights that have been removed after December 31st, 2018.
If you have a contractual right (easement) that has been removed after December 31st, 2018, and only after the fact have realized that you would like for the contractual right to be registered henceforth then you need to make a new application for registration in the Land register.
Read more about and apply for registration.
Affected registrations
Contractual easement – is written between property owners where one property is granted the right to use something specific on the other property for example a well.
Usufruct – a right for an individual to use someone else´s property in a specific manner. The usufruct is created through a contract between the individual in question and the owner of the property in which the usufruct is valid. For example, the person with the usufruct has the right to use the horse pasture on the property.
Right of origin – a preferential claim to a property. The right of origin follows the property even when it is sold. For example, the children took over the farm and the parents were guaranteed the right to reside there and have some livelihood from farm for the rest of their lives.
Questions and answers
Even if the registration has been removed the contract behind it may still be valid. If you want the registration in the Land register henceforth you need to apply to Land registration for a new registration of the contract.
If the owner of the servient property (the one granting the right) is the same as before the removal (January 1st, 2019,) you can send in an application for registration of the contractual right. Together with the application you need to submit the old easement or usufruct contract either in the original or in a copy where the Land registration´s old act number is visible. If you do not have such a copy, you can order it from the National archive (Riksarkivet). If the contractual right has been registered in the Land register, then Lantmäteriet can help you find the information you need to order a copy from the National archive. If the servient property (the encumbered property) has changed owner after the removal, then a new contract may need to be written between the parties and an original of that submitted to us together with the application for registration. You can read more about making a registration here.
Yes, the parties that are affected by the contractual right had the possibility to apply for renewal.
It is not certain that the easement has been registered in the land register to begin with. (If the contract has been written after July 1st, 1968, then it has not been affected by the Renewal act).
If there is no current registration in the Land register you can apply for registration.
Yes, according to the Renewal act Lantmäteriet had the right to remove the old registrations that have not been renewed at the end of 2018.
If the contractual right has been registered in the Land register Lantmäteriet can help you find the information you need to order a copy from the National archive.
The notice about renewal was removed from all properties at the end of August and beginning of October 2019. When the removal of the easements had been made there was not any purpose for the notices, and they could therefore be removed.
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If you have questions regarding this that were not answered by our common questions and answers, contact our Customer services.