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An investigation of ownership meeting aims to investigate the ownership of a property claimed to have been acquired, for example, through purchase, gift, or inheritance.
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What is an investigation of ownership meeting?
An investigation of ownership meeting can be held to investigate if you have acquired the property in the manner you claim, even if you cannot present an original acquisition document.
When can an investigation of ownership meeting be held?
An investigation of ownership meeting can be held in the following cases:
- When the acquisition document cannot be presented in its original form or is missing altogether due to loss or destruction.
- When the applicant claims a valid acquisition but is unsure if an acquisition document has been drafted.
- When the acquisition document is defective in a way that hinders registration of ownership.
The provisions regarding an investigation of ownership meeting can also apply to those claiming to have acquired a site leasehold but cannot apply for registration of ownership in the usual manner. An investigation of ownership meeting can then be held to investigate the ownership of the site leasehold.
Examples of acquisition documents include documents of sale, deeds of gift, wills, or division of property documents.
Examples of situations that can be resolved through an investigation of ownership meeting
- The signature of the seller on an older acquisition document is not witnessed by two individuals.
- Witnessing is missing on a division of property document or inheritance division document dated before January 1, 1988.
- In the case of the transfer of multiple properties, parties have mistakenly omitted one or more properties from the document.
Example of a situation that cannot be resolved through an investigation of ownership meeting
If permission from an authority is required for the validity of the acquisition and such permission has not been sought or granted, the acquisition is invalid. In such cases, a meeting for investigation of ownership meeting cannot be held.
Application
What needs to be included in the application?
An application for an investigation of ownership meeting needs to be in writing. You can either write your own application or use Lantmäteriets’s form:
Application for an investigation of ownership meeting (in Swedish, pdf, new window).
The application needs to include the following:
- Applicant's (and possibly representative's) name and contact information
- Property designation
- A description of what you know about the acquisition and the reason why the acquisition document cannot be presented in its original form or why it is defective. If there is a copy of the acquisition document or a defective acquisition document, it needs to be submitted along with the application.
The following needs to be attached to the application:
Information from the Swedish Tax Agency showing who has been the taxed owner of the property during the ten years immediately preceding the year the application is made, for example, a certificate or a copy of a tax assessment decision. The information can be ordered from fastighetstaxering@skatteverket.se. Specify to the Swedish Tax Agency that the information is to be used for an investigation of ownership meeting.
According to the Swedish Tax Agency, information about taxed owners is confidential and is not disclosed to anyone other than the taxed owner the decision applies to. An applicant who is not a taxed owner or has not been one for all the ten years can request in the application that Lantmäteriet request the information. Write this in the application.
Other written material or investigation that supports the alleged acquisition or the description of the acquisition. For example, a list of names and contact information for individuals who may have information about the acquisition of the property and describe how they may possess information.
After the application is received
If Lantmäteriet assesses that there are conditions for holding an investigation of ownership meeting, a date for the meeting is determined. Thereafter, the meeting is announced through advertisements in local newspapers and in the Official Swedish Gazette. The applicant and others who may be presumed to have information in the matter are then called to the meeting.
After the meeting
After the meeting, a protocol is drawn up outlining what has been discussed before, during, and after the meeting. The day after the protocol is ready, a case of ownership registration is registered with the protocol as the acquisition document. The registration of ownership case is then processed in order. The applicant is then notified in writing whether registration of ownership has been granted or not.
Cadastral Ownership Investigation
Cadastral Ownership investigation can be an alternative to an investigation of ownership meeting. A Cadastral Ownership Investigation is a proceeding handled by Lantmäteriet. It is suitable if the conditions on the ground need to be investigated to determine who the rightful owner is or if the question is related to another ongoing cadastral proceeding. The proceeding can involve a single property or a larger group of properties where ownership is unclear, or the owners are not registered as owners. The aim of the proceeding is to determine who the rightful owners of the properties are so that they can obtain a registration of ownership.
If the question is not related to an ongoing cadastral proceeding, it is the County Administrative Board in the county where the properties are located that decides whether a cadastral ownership investigation may be initiated. In such cases, you should not apply to Lantmäteriet. If the proceeding is allowed to start, the County Administrative Board will hand it over to Lantmäteriet for processing.