Apply for registration of contractual servitude and right of use

Easement and right of use is when a property or person has the right to use someone else's property in a certain specific way, for example to use a road over the neighbour's land.

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An easement is connected to a certain property and is valid regardless of who owns the property.

Apply for registration of a contractual easement

A contractual easement is a written agreement between two property owners where one of the properties is granted the right to use something specific on the other property for example, a road or a well. The easement is valid until the beneficiary applies to have it removed.

Apply to have an easement contract registered

If you would like to have an easement contract registered in the Land register, you need to apply for registration.

The application needs to include

Application for registration of easement
The easement contract in the original. It is good if you also include a simple map or sketch of the property that shows where the right in question is located (for example a road, well or line).

Here you can find help to create the contract for the easement.

Requirements for the easement contract

The complete property designation must be included (for example Gävle Torp 1:1).
It must clearly state which property it is that is granting something (servient) and which property it is that has the right to use something (beneficiary). It is also important that it is clearly stated what the purpose of the easement is, for example the right to use a road or well.
The easement contract may be signed by all property owners but the only signatures that are mandatory are those of the owners of the servient property.

Keep in mind

An easement contract cannot be registered to a community but can be registered to the properties that are members of the community. In that case the contract must be signed by all the property owners and cannot be signed by for example a proxy for the community association.
The registration of an easement to a site leasehold may generally only be made with the consent of the property owner. That means that such a consent needs to be included in the application for registration.

Removal of the registration of an easement

If you would like to remove the registration of an easement from the Land register, you need to apply for cancellation of the registration. The application needs to be made by the one who has the right to use another property (the beneficiary).

The owner of the servient property (the one granting the right) cannot apply for cancellation of registration without the consent from the beneficiary. An exception is when the right is no longer valid. Then a copy of the contract and a document that shows that the right is no longer valid need to be included in the application.

In the application you need to include the title registration date and act number for the easement.

Keep in mind that an legal easement that has been registered in connection to a cadastral procedure only can be removed through a new cadastral procedure.

If you have all the documents above and want to apply for cancellation of registration, you can do so by using the form on this page.

Why does not the description of the purpose correlate to my right?

When it comes to the purpose of the contractual rights then the description that is registered in the Land register need to reflect what the parties have stated in the contract.

To maintain a uniform register Lantmäteriet has additional inhouse routines for which terms shall be used to describe different contractual rights. For certain types of purposes there are common terms which may result in a difference between the wording in the Land register and the one the parties have used to describe the purpose in the easement contract.

It is always the easement contract itself that regulates the easement. That which has been written in the Land register aims to give the right a right in rem towards a third party. In other words that the right remains and is valid also towards a new property owner if the property is transferred to someone else.

Example

Regarding the purpose cable distribution cabinet, it is included in the description facility for electricity.