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What Is The Responsibility Of The Property Owner?

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A person who suffers damage or faces a threat of damage as a result of a real property owner exercising their right of ownership in violation of the legal restrictions on such right may file a lawsuit for the restoration of the previous state, and for the elimination of the danger and the damage incurred. The owner of the real property has liability for the entire property (eşya). The injured party must be the owner of the neighboring property or persons who are possessors (zilyet) based on a limited in-rem right or a personal right such as a lease.

 

This state of liability is regulated in Article 70 of Law No. 6098 as follows: “A person who faces the danger of suffering damage from a building or other structures belonging to another may request the right holders to take the necessary measures to eliminate this danger. The rules of public law regarding the protection of persons and property are reserved.”

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