Easement agreements – private easement, official easement, and registration

Short answer: An easement grants a property the right to use another property in a specific way, for example for a road, well, or utility line. The easement is tied to the properties – not just the individuals who happen to own them. A private easement (avtalsservitut) is created through a written agreement between the property owners, while an official easement (officialservitut) is formed through a cadastral procedure.

What is an easement?

Easements are used when a property, the dominant property, requires a permanent right in another property, the servient property. The right must be significant for the appropriate use of the dominant property and have a permanent purpose.

Private easements and official easements

Private easements are created by the property owners themselves through an agreement according to the rules of the Land Code. Official easements are created by Lantmäteriet (the Swedish Mapping, Cadastral and Land Registration Authority) through a cadastral procedure when the requirements are met.

What should an easement agreement contain?

• complete property designations
• the purpose and scope of the right
• geographical path or location, preferably a map
• maintenance and cost distribution
• limitations on use
• signatures from authorized property owners

Common easements

Typical examples are road easements, wells, water and sewage lines, or other permanent functions needed for a property. An easement should not be designed as a purely personal right of use but must have a property connection.

Why register a private easement?

An application can be made to register a private easement in the Real Property Register. Registration makes the right clearer in the event of future sales, mortgaging, and property investigations.

An easement is not the same thing as a lease

A lease normally entails granting land for a certain use during a contract period. An easement is instead a property-linked right intended to fulfill a permanent purpose for the dominant property.

Common mistakes

• the area or path is described too vaguely
• the agreement grants a personal right instead of a property benefit
• maintenance responsibility is missing
• the wrong property designation is used
• the parties do not assess whether an official easement is more appropriate

See the Mallbutiken template for an easement agreement.

FAQ

Does the easement follow when the property is sold?

An easement is tied to the property and is intended to persist even when the owner changes.

Must a private easement be in writing?

Yes, a written document is required for a private easement.

This article provides general information and does not replace legal advice regarding real estate law.