• Ann Birgitte Honoré Nielsen
  • Henrik Wognsbæk Jensen
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.
Publication date2007
Number of pages115
Publishing institutionInstitut 20, Aalborg Universitet
ID: 10539591