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Micaela Jönsson and Cristian Passero were going to build a chicken coop and a swimming pool in their new house in Aggarp. But when they were in the pits, the cold shower came: the plot they bought is 208 square meters smaller than what was in the contract.
Lantmäteriet admits it became the wrong area when the plot was cut a few years earlier, but does not reimburse the costs.
Cristian Passero and Micaela Jönsson bought their plot in Aggarp in 2018 but were in for an unpleasant surprise when they discovered that the plot was smaller than what was in the contract and in the property register.
– The National Land Survey says we can sue them, I think it’s bad for a state authority, says Cristian Passero.
He and Micaela Jönsson had just started felling trees to build a swimming pool when the next door neighbor informed them that they were on their land. When the couple contacted Lantmäteriet, they were told that the area of the contract, 1,328 square meters, was correct.
But when the neighbor brought in a Lantmäteriet employee who measured the land, another message arrived: According to the new survey, the plot they bought was 1,120 square meters, 208 square meters less.
Causes: The last map of the area, which was from 2014, showed errors, according to the Lantmäteriet administrator who measured the couple’s plot in the fall. When the plot was demarcated by Lantmäteriet in 2014, it went wrong, admits his own authority in an email to the couple. This incorrect area was then used by the seller, by the broker and is indicated in the purchase contract.
Cristian Passero and Micaela Jönsson on their plot in Aggarp. The plot is triangular and narrow, so the 208 square meters that have disappeared make a big difference in how the plot can be used.
When the wrong area was discovered, Lantmäteriet’s message was that the couple could sue the seller or sue Lantmäteriet before the Chancellor of Justice for damages.
As a private individual, suing a government agency seems too risky for Micaela Jönsson and Cristian Passero.
– Even if Lantmäteriet was not on the site and was measured in 2014 when the error was made, such an error should not occur. It is very important that the area is correct, says Micaela Jönsson.
The couple has now sued the seller on the amount it would cost him to buy the neighbor’s 208 square meters of land, 150,000 crowns. The seller tells Sydsvenskan that he will contest the claim.
– I mean that it is Lantmäteriet who has done wrong. You should be able to trust a government agency, right? I’m really sorry for all of this.
The surveyor whoever measured the soil chooses not to answer Sydsvenskan’s questions. Instead, responds Emil Ekstrand, Lantmäteriet’s director of functions. It claims that the subdivision of the site was carried out without anyone from the authority being on site to measure. Instead, the subdivision was made on the basis of the digital record map, which is not a legally valid document.
If I buy a piece of land, how do I protect myself so that it doesn’t turn out like this?
– You can read about how these boundaries have been formed around the property you buy, says Emil Ekstrand and exemplifies:
When the area of a parcel is calculated graphically, you may, for example, need to decide where the boundaries go based on the National Land Service measurement at the site. Similarly, if the boundaries of the plot are very old.
But here, there has been an error in the demarcation of Lantmäteriet, and these buyers who arrive later in the process are affected by it.
– Not bad because the area calculated in 2014 was the graphical area that was on the registration map. That was the truest statement then, says Emil Ekstrand and explains:
If the previous owner in the demarcation in 2014 had wanted the boundaries between the parcels to be exactly determined and taken in Lantmäteriet to measure on the site, what had emerged now would have been known even then.
That did not happen. Micaela Jönsson and Cristian Passero’s plot was reduced by 208 square meters and they will also pay around SEK 60,000 for the National Land Survey measurement on site.
It is an incorrect area determined by Lantmäteriet from before, but still the new owners will pay when you go out and measure.
– This is the legislation. Formally speaking, nothing wrong has been done, says Emil Ekstrand.
Explain that Lantmäteriet charges for its services. The person requesting that Lantmäteriet go out and measure is usually the one who has to pay, unless one of the parties requests that the cost be shared between the parties. And, adds Emil Ekstrand, if someone considers that they have suffered damage due to an incorrect decision of the National Land Survey, then it remains to go to the Chancellor of Justice with a claim for damages.
Micaela Jönsson sighs deep and looking at your plot in Aggarp:
– We definitely would not have bought this house if we had known that the plot was smaller. These 208 square meters play a very important role for us.
