Swedish Supreme Court to review meteorite ownership dispute

On By Karl

The Swedish Supreme Court is now considering the case of a meteorite dispute between meteorite hunters and a landowner, marking a unique event in Swedish legal history. Meteorite hunters and geologists Anders Zetterqvist and Andreas Forsberg are appealing after losing a high-profile dispute in the Court of Appeal over a meteorite that fell outside Enköping.

In November 2020, Zetterqvist and Forsberg found the meteorite on the land of landowner Johan Benzelstierna von Engeström on the Refvelsta estate outside Enköping. The meteorite had recently fallen on von Engeström’s property, and geologists discovered it during meteorite hunting activities. The discovery sparked a dispute over who had the best rights to the meteorite and led to legal proceedings to resolve the dispute.

The case was taken to court because the parties could not reach an agreement on the ownership of the meteorite. While Zetterqvist and Forsberg believed that they had the right to keep the meteorite they found, von Engeström claimed that it belonged to him because it was found on his territory. The lack of clear legislation regarding ownership of meteorites contributed to the dispute.

The geologists won in the District Court. The court ruled in favor of Zetterqvist and Forsberg, accepting their claims on the meteorite. However, the landowner’s objection to the decision led to a new decision in the Svea Court of Appeal.

von Engeström won the case in the Svea Court of Appeal. According to the Court of Appeal, the meteorite should be considered immovable property and therefore belong to the land owner. The court’s decision was based on the interpretation that the meteorite became part of von Engeström’s property when it landed on his land. This decision overturned the District Court’s earlier decision.

The legislation does not provide clear ex ante guidance regarding the ownership of meteorites, making the case unique in Swedish legal history. The fact that existing laws do not explicitly address meteorites led to different interpretations in the courts. The Swedish Criminal Code states that no one can take stones from someone else’s land. While this law addresses the removal of stones, it does not specifically mention meteors, adding to the legal uncertainty in the case.

Sweden has special legislation for antiquities, but meteorites are not mentioned at all in the legislation. The absence of meteorites from these laws has left a gap in the legal guidance regarding their ownership. The lack of clear legal provisions for meteorites has made it difficult to determine their rights when found on private property.

According to the Court of Appeal, the meteorite’s classification as immovable property means it belongs to the landowner. The court concluded that since the meteorite fell on von Engeström’s land, it had become part of his real estate. This comment emphasized the importance of land ownership rights over the claims of those who found objects on that land.

The Supreme Court’s decision to take up the case reflects the need to resolve these legal uncertainties. The result could set a precedent and clarify the legal status of meteorites in Sweden. The decision will have significant impacts on future disputes over meteorite ownership and will contribute to the development of property law in the country.

While the legal battle continues, both meteorite hunters and the landowner are waiting for the Supreme Court’s decision. The case highlights the complexities that arise when existing laws do not clearly address unique situations such as ownership of meteorites. The decision will bring important clarifications regarding property rights regarding celestial bodies that are privately owned.

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The Supreme Court’s consideration of this case represents an important moment in Swedish legal history. The decision will determine the rights of people who find meteorites on private land and could affect how similar cases are handled in the future. It highlights the difficulties that can arise when natural events lead to unforeseen legal problems.

The case of the meteorite found by Zetterqvist and Forsberg at the Refvelsta estate highlights the intersection of scientific discovery and property law. The Supreme Court’s upcoming decision will be crucial in determining how meteorites are legally classified and who retains ownership when they are found on private land. The impacts extend beyond the parties involved, potentially affecting meteorite hunters, landowners and the interpretation of property rights in Sweden.

While Sweden awaits the final decision, the case continues to fuel debates about property rights and legal status of celestial bodies. The Supreme Court’s decision could lead to future legislation to more clearly address such issues. The outcome will provide much-needed clarity on the issue and could set a precedent for how similar disputes are resolved in the future.

Sources: Aftonbladet, Dagens Nyheter

This article was written in collaboration with prolific artificial intelligence company Alchemiq.