Syllabus academic year 2009/2010
(Created 2009-08-11.)
LAND USE LAWVFR180

Higher education credits: 7,5. Grading scale: TH. Level: A (Second level). Language of instruction: The course will be given in Swedish. Optional for: L4fr. Course coordinator: Professor Ulf Jensen, ulf.jensen@lantm.lth.se, Fastighetsvetenskap. Prerequisites: VFR140 Introductory law and real estate law; VFT025 Real Estate Information Technology; and VFT085 Spatial Planning. The course might be cancelled if the numer of applicants is less than 10. Assessment: Individual examination at the end of the course. Further information: The course is taught in Swedish and may be cancelled if less than 10 students apply. Home page: http://www.lantm.lth.se.

Aim
The objective of the course is to deepen knowledge and skills within the area of real estate planning with a particular focus on legal assessments. The course is to contribute to participants in their future professional activities being able to reason and communicate with other parties in planning and zoning processes.

Knowledge and understanding
For a passing grade the student must

Be apply to apply the law - both substantive and procedural - with respect to the following areas:

Skills and abilities
For a passing grade the student must

Be able to:

Judgement and approach
For a passing grade the student must

Be able to understand the relationship between the discretionary regulations within land use law and the manner by which decisions and judgments ought to be formulated in order to have authoritative effect.

Contents
The course consists of seminars and moot courts in the form of judging panels before which the groups are to argue against each other. The following areas will be addressed in the course:

Real Property Formation: The perspective taken in the course with respect to the Swedish Real Property Formation Act is that of a land surveyor's legal authority. This means that property formation (as are involuntary rights in accordance with the Joint Facilities Act and Utility Easements Act) are the focus.

Planning, building and zoning acts: Two areas in which disputes often arise with respect to the application of the real property formation act are with respect to building permit matters and zoning issues. The objective of the course here is to describe the rights of a property owner as against the public.

Expropriation: Of particular interest here are the reasons for granting expropriation (as found in Chapter Two of the Expropriation Act), while the compensation regulations are dealt with elsewhere in the education. The cases as decided by the Swedish Government in permit issues are an important component.

The Municipalities' Right of First Refusal: The right of municipalities to have the right of first refusal is a method of acquiring real estate involuntarily more common than expropriations. The cases as decided by the Swedish Government are also studied here.

Rights of Public Use: The two main rights granted within the rights as to public use are the right to be on another's land and the right to take yields from another's land. Both of these will be examined. The rights of public use in cities will also be addressed through a study of the regulations concerning public order and unlawful entry.

Finally, certain studies of voluntary servitudes and rights of adjoining property will also be made.

Literature
Bengtsson, Speciell fastighetsrätt; Article collections and sources from the internet.