- Ann Birgitte Honoré Nielsen
- Henrik Wognsbæk Jensen
4. semester, Surveying, Planning and Land Management (cand.geom.), Master (Master Programme)
The problem definition in this project report concerns the usage of real property, and in relation to this the
possibilities are examined which a citizen, who as a starting point is not party of a current case, has to raise
a case, as well as the obligations of the authorities to raise a case. The problem field is delimited so that it
primarily is the possibilities of raising a case in connection with disputes regarding the legality of building
work and the violation of easements of civil law which are treated.
Within the public administration, selected authorities that monitor and control the citizen and the
administration have been considered, and thereby the possibilities of raising a case with these authorities
have been determined. Furthermore, an analysis has been made of the rights and duties of the people
entitled to protest in relation to raising a case as a consequence of a violation of an easement.
Throughout the project report, the problem area has continuously been seen in relation to a case from Vejle
where a citizen contested the legality of a construction permit in relation to the construction legislation and
in relation to a declaration registered on the property.
The possibilities, which the citizen has had to raise a case, have been clarified, and the project group has
come to the conclusion that the citizen only has few possibilities of raising a case as the construction permit
is not assessed to be in violation of the construction legislation. Afterwards it has turned out that the public
administration, which is the authority of appeal, has ruled in the case and has ruled that the construction
legislation has been respected in connection with the construction permit.
Based on the declaration, the project group assesses that the citizen is not entitled to protest and that the
citizen therefore cannot require the declaration observed and in that way hinder the building.
Language | Danish |
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Publication date | 2007 |
Number of pages | 115 |
Publishing institution | Institut 20, Aalborg Universitet |
Keywords | Legal proceedings, Building works |
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