På gränsen till framtiden – Möjligheter till koordinatbestämda fastighetsgränser

Sammanfattning: In Sweden, the course of a property boundary is first and foremost determined by boundary marks on the ground, and only secondly by cadastral survey plans and measurements. In recent years, the demand for digital property information has increased substantially, not least in respect of accurate boundary data in the national cadastral map. Today, well-established techniques such as GPS positioning provide both the foundation and some of the essential prerequisites for a boundary system in which digital coordinates could be given legal effect. Examples of such concepts from abroad, so-called legal coordinated cadastres, already exist elsewhere in Europe and in Asia. So far, Swedish ideas about whether property boundaries should be determined by coordinates have been expressed in fairly general terms. Accordingly, the practical implications and consequences of a future systems change need to be investigated further. This thesis discusses some widely different approaches to the possible legal effects of adopting a model based on coordinates, as well as various methods for data capture (terrestrial surveying, aerial imagery interpretation etc.) in order to obtain a reliable digital cadastral map. The term 'legal effect' seeks to cover both the conventional meaning, i.e. the evidential status in relation to other means of boundary evidence, and the level of economic protection (e.g. rights to claim damages) for land owners and other parties, should boundary data be found to be incorrect. Irrespective of the particular nature of any prospective reform, it is also essential to handle other transitional aspects in a legally secure manner, such as providing opportunities for property owners to influence the process and taking into consideration the actual conditions on the ground. After illustrating these aspects, the thesis presents a relative comparison of five hypothetical reform alternatives, based on rough estimations of the time and cost of the systems change as well as outlining the characteristics of the new system. The study shows that there are several ways – with various consequences – to realise the idea of a legal coordinated cadastre. It concludes that future decisions on that matter, and the detailed design of a possible new system, ought to be based on clearly articulated policies which are strategically aligned with the aims and objectives of the digital cadastral map.