Liability of an Immovable Property Owner

Real Estate and Property

Prepared by: Constantinople

Exercise of rights over property may harm neighbours or others. The basis of liability depends on whether the harm arises from excessive exercise of ownership, a building defect or another act.

Excessive Use and Damage

Under Article 730 TMK, a person harmed or threatened with harm by exercise of ownership contrary to statutory limits may consider appropriate claims. Rectification of the situation, removal of danger and compensation are distinct aspects. The same liability requirements should not be assumed to exist for every disturbance.

Distinguishing Building Owner Liability

Damage arising from defective construction or inadequate maintenance of a building may involve a different rule, such as Article 69 TBK. Tenant, contractor, operator and owner may be different people. Who is held liable for which act, building or use must be specified. An incorrect basis of liability may affect evidence and the parties to the action.

Evidence of Damage and Prevention

Photographs, expert examinations, technical plans, damage dates and expense documents are assessed together. In an urgent danger, necessary administrative notifications and provisional protection may be planned separately. If the damage may change later, the need to preserve evidence is examined. Repair costs and legally recoverable heads of damage may not automatically coincide.

Documents to Prepare for an Initial Review

Send each document in its entirety as held by you, rather than only its first page or a screenshot. We determine, according to the file, what authority is needed to obtain missing official records. The following records are helpful at the outset:

• Land register and use details
• Damage photographs and dates
• Technical reports
• Repair and expense documents
• Notifications and previous complaints

Why Do the Particular Circumstances Matter?

For example, excavation on a neighbouring parcel and an existing maintenance deficiency in the building may both contribute to the same damage. The source of the damage and causal connection are investigated first; liability is not inferred solely from someone's capacity as owner or contractor.