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Joint Facilities in Legal Private Management

Ernald Borges, Klas LU (2006) XXIII FIG Congress In [Host publication title missing] p.1-17
Abstract
The Swedish Joint Facilities create a common resource system for externalities of the individual property, such as common roads, bridges, residential services (waste disposal, car park, community places), irrigation and drainage schemes, and hunting ground. In a historical perspective, such facilities belonged to the village community, and remained as externalities when the society forced an internalisation into individual plots. The individualisation of property rights could not include such common resource systems. Today, the society demands a well-defined number of appropriators of common facilities.



The Swedish Joint Facilities Act operates efficiently with the landowners as legal appropriators. The Governmental... (More)
The Swedish Joint Facilities create a common resource system for externalities of the individual property, such as common roads, bridges, residential services (waste disposal, car park, community places), irrigation and drainage schemes, and hunting ground. In a historical perspective, such facilities belonged to the village community, and remained as externalities when the society forced an internalisation into individual plots. The individualisation of property rights could not include such common resource systems. Today, the society demands a well-defined number of appropriators of common facilities.



The Swedish Joint Facilities Act operates efficiently with the landowners as legal appropriators. The Governmental Cadastral Officer creates an association as legal owner of the joint facilities, and hands it over to their own management. Only landowners with positive total outcome of cost and benefits are included, defined by the cadastral officer. The individual expectation value might occasionally reach negative values, but the cadastral officer estimates the general market value of the benefits of facility for each property. The estimation is done only once – when the joint facility is created.



A study of 9 aged associations in Southern Sweden has shown that the concept of benefit and self-management develops within the association, with practical arrangements of fees and liability. Confidence is essential within the association. Nevertheless, the resource systems are also supported with the legal liability and effectiveness of the legal compulsory system.



A detailed analysis of the associations shows exceptions from the legal set-up of individual shares for fees and liability. The self-management of the association overtakes the legal basis, dated decades ago. A current landowner’s sense of injustice has one legal and one practical way to be attended, within the association and application to the cadastral services, both with high threshold costs. Self-management in a landowners’ association is viable, if structures for changes are provided efficient and smoothly. Both justice and efficiency need high priority. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
published
subject
keywords
equity, joint property unit, Joint facilities, Sweden, efficiency, association
in
[Host publication title missing]
pages
17 pages
publisher
FIG - Fédération Internationale des Géomètres
conference name
XXIII FIG Congress
language
English
LU publication?
yes
id
72d9578d-28cd-4c99-aea5-245bc462e780 (old id 1027689)
alternative location
http://www.fig.net/pub/fig2006/papers/ts46/ts46_06_borges_0611.pdf
date added to LUP
2008-02-18 17:23:36
date last changed
2016-04-16 09:09:04
@inproceedings{72d9578d-28cd-4c99-aea5-245bc462e780,
  abstract     = {The Swedish Joint Facilities create a common resource system for externalities of the individual property, such as common roads, bridges, residential services (waste disposal, car park, community places), irrigation and drainage schemes, and hunting ground. In a historical perspective, such facilities belonged to the village community, and remained as externalities when the society forced an internalisation into individual plots. The individualisation of property rights could not include such common resource systems. Today, the society demands a well-defined number of appropriators of common facilities.<br/><br>
<br/><br>
The Swedish Joint Facilities Act operates efficiently with the landowners as legal appropriators. The Governmental Cadastral Officer creates an association as legal owner of the joint facilities, and hands it over to their own management. Only landowners with positive total outcome of cost and benefits are included, defined by the cadastral officer. The individual expectation value might occasionally reach negative values, but the cadastral officer estimates the general market value of the benefits of facility for each property. The estimation is done only once – when the joint facility is created.<br/><br>
<br/><br>
A study of 9 aged associations in Southern Sweden has shown that the concept of benefit and self-management develops within the association, with practical arrangements of fees and liability. Confidence is essential within the association. Nevertheless, the resource systems are also supported with the legal liability and effectiveness of the legal compulsory system. <br/><br>
<br/><br>
A detailed analysis of the associations shows exceptions from the legal set-up of individual shares for fees and liability. The self-management of the association overtakes the legal basis, dated decades ago. A current landowner’s sense of injustice has one legal and one practical way to be attended, within the association and application to the cadastral services, both with high threshold costs. Self-management in a landowners’ association is viable, if structures for changes are provided efficient and smoothly. Both justice and efficiency need high priority.},
  author       = {Ernald Borges, Klas},
  booktitle    = {[Host publication title missing]},
  keyword      = {equity,joint property unit,Joint facilities,Sweden,efficiency,association},
  language     = {eng},
  pages        = {1--17},
  publisher    = {FIG - Fédération Internationale des Géomètres},
  title        = {Joint Facilities in Legal Private Management},
  year         = {2006},
}