The Sliding Scale between Usufruct and Ownership: The Example of Swedish Multi-Family Housing

Abstract

This paper aims to elucidate the sliding scale between usufruct and ownership by applying a property rights framework to three Swedish forms of tenure in multifamily housing. The framework deconstructs the bundles of rights of rental, tenant-ownership and ownership to highlight commonalities and differences connected to the right to use and exclude, the right to transfer and the right to the value. It is concluded that the three tenure forms have many traits in common but that there are distinct differences in some areas, most notably in connection to the right to the value. The property rights framework applied in the study may be applicable also on a general level as a method to analyze and compare tenures of different types in different countries. Further, ways to improve the framework and cover more facets of outcomes of property rights patterns are suggested.

Housing Tenure in the Nordic Countries – A Comparison of Rights and Obligations

“…Snare, 1972;Ekbäck, 2009a). Based on these, but also influenced by previous studies (e.g., Granath Hansson et al, 2021;Elsinga, 2012;Marcuse, 1994), nine aspects have been selected. These should reflect several fundamental rights and obligations of importance to the resident.…”

“…Others mainly compare one type of tenure, overall or from some particular aspect, between some countries (e.g., Brattström, 1999;Lujanen, 2010;Van der Merwe, 2015;Norberg and Juul-Sandberg, 2016;Paulsson, 2017;Çağdaş et al, 2018;Kopsch, 2019). Granath Hansson et al (2021) compared the Swedish forms of housing tenure in multi-family houses. This study differs from several of the above, among other things, in that it compares several forms of housing tenure from several aspects with connection to their rights and obligations.…”