LANDOWNER'S LIABILITY TO OWNERS OF NEIGHBOURING PROPERTIES FOR LOSSES AND DAMAGES DURING CONSTRUCTION ACTIVITIES


Midyat S. A.

JOURNAL OF ISTANBUL UNIVERSITY LAW FACULTY-HUKUK FAKULTESI MECMUASI, cilt.75, ss.609-658, 2017 (ESCI İndekslerine Giren Dergi) identifier

  • Cilt numarası: 75 Konu: 2
  • Basım Tarihi: 2017
  • Dergi Adı: JOURNAL OF ISTANBUL UNIVERSITY LAW FACULTY-HUKUK FAKULTESI MECMUASI
  • Sayfa Sayıları: ss.609-658

Özet

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.