Research Article

Landowner’s Liability To Owners Of Neighbouring Properties For Losses And Damages During Construction Activities

Volume: 75 Number: 2 December 31, 2017
TR EN

Landowner’s Liability To Owners Of Neighbouring Properties For Losses And Damages During Construction Activities

Abstract

The nowadays highly increased construction activities often have some direct or indirect negative consequences for third parties, especially neighbours. Building machinery causes noise and dust, and also leads to shocks and vibrations; again, put up scaffoldings and construction materials piled on access ways due to construction works also impedes or even obstructs access and exit from and to the residences and shops located in neighbouring premises. Due to this reason, it sometimes occurs that neighbours suffer psychological disturbances it is also observed that tenants of neighbouring premises vacate their apartments or that the revenue of businesses decreased due to absence of customers. Apart from this, there are various negative consequences during construction such as the destruction of neighbouring buildings due to foundation excavation without taking necessary precautions or stockpiling of excavation land to the neighbouring property. It can be readily said that construction activities carried out under such circumstances reach difficult to bear dimensions for the neighbours. In this study, we have addressed the question of the extent to which neighbours who are aggrieved or harmed due to construction activities are obliged to bear these activities in the framework of neighbourhood law rules, and whether they have the possibility to prevent such adverse situations or in particular, if they can claim compensation for damages they suffer due to such activities from the property owner. The study also referred to the new regulations introduced in the Swiss Civil Code in 2009 where required for the matter in question, as well as compared with the provisions regulating the responsibility of the property owner according to the Turkish Civil Code.

Keywords

References

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Details

Primary Language

English

Subjects

-

Journal Section

Research Article

Publication Date

December 31, 2017

Submission Date

November 23, 2017

Acceptance Date

December 13, 2017

Published in Issue

Year 2017 Volume: 75 Number: 2

APA
Aydıncık Midyat, Ş. (2017). Landowner’s Liability To Owners Of Neighbouring Properties For Losses And Damages During Construction Activities. Journal of Istanbul University Law Faculty, 75(2), 609-658. https://izlik.org/JA23XU94ZW
AMA
1.Aydıncık Midyat Ş. Landowner’s Liability To Owners Of Neighbouring Properties For Losses And Damages During Construction Activities. Journal of Istanbul University Law Faculty. 2017;75(2):609-658. https://izlik.org/JA23XU94ZW
Chicago
Aydıncık Midyat, Şirin. 2017. “Landowner’s Liability To Owners Of Neighbouring Properties For Losses And Damages During Construction Activities”. Journal of Istanbul University Law Faculty 75 (2): 609-58. https://izlik.org/JA23XU94ZW.
EndNote
Aydıncık Midyat Ş (December 1, 2017) Landowner’s Liability To Owners Of Neighbouring Properties For Losses And Damages During Construction Activities. Journal of Istanbul University Law Faculty 75 2 609–658.
IEEE
[1]Ş. Aydıncık Midyat, “Landowner’s Liability To Owners Of Neighbouring Properties For Losses And Damages During Construction Activities”, Journal of Istanbul University Law Faculty, vol. 75, no. 2, pp. 609–658, Dec. 2017, [Online]. Available: https://izlik.org/JA23XU94ZW
ISNAD
Aydıncık Midyat, Şirin. “Landowner’s Liability To Owners Of Neighbouring Properties For Losses And Damages During Construction Activities”. Journal of Istanbul University Law Faculty 75/2 (December 1, 2017): 609-658. https://izlik.org/JA23XU94ZW.
JAMA
1.Aydıncık Midyat Ş. Landowner’s Liability To Owners Of Neighbouring Properties For Losses And Damages During Construction Activities. Journal of Istanbul University Law Faculty. 2017;75:609–658.
MLA
Aydıncık Midyat, Şirin. “Landowner’s Liability To Owners Of Neighbouring Properties For Losses And Damages During Construction Activities”. Journal of Istanbul University Law Faculty, vol. 75, no. 2, Dec. 2017, pp. 609-58, https://izlik.org/JA23XU94ZW.
Vancouver
1.Şirin Aydıncık Midyat. Landowner’s Liability To Owners Of Neighbouring Properties For Losses And Damages During Construction Activities. Journal of Istanbul University Law Faculty [Internet]. 2017 Dec. 1;75(2):609-58. Available from: https://izlik.org/JA23XU94ZW