Beware of neighbourhood laws

Warming problems that arise with the arrival of winter affect the law between neighbors! Attorney Fatma Abaka, who made a statement on the subject, said, "Not only the problems in heating, but also the continuous noise of your upper neighbor, being executed by not paying the dues, or the solution of the parking problems are solved with the neighbor's right and the Property Ownership Law."

With the arrival of winter, heating problems began to be discussed. This problem can sometimes arise from problems in the central system, sometimes due to insulation problems and sometimes because the lower neighbor does not burn the boiler. Providing information about the right of neighbors, Lawyer Ümit Olgun said, “Speaking of heating problems, the concept of“ neighbor right ”, which is not known to many of our citizens but is strictly protected by laws, provides answers to many of our current problems. Article 737 of the Turkish Civil Code forms the basis of the neighbor right. With this substance, it is forbidden to make outbursts that will adversely affect the neighbors and to disturb the neighbors by creating smoke, mist, soot, dust, odor exceeding tolerable levels, noise or shaking ”.

"IF YOU LET YOUR NEIGHBOR'S BENEFIT, YOU CAN PAY COMPENSATION!"

Pointing out that the neighbors have many situations that disturb each other, Ümit Olgun said, “The bakery business caused a lot of damage to the neighbor's house by creating excessive heat, the leakage in the septic pit in the neighbors' garden damages the garden and human health, the disturbing noise of the neighbor dog, a set of trees in the neighboring garden. There are many incidents that have been the subject of judicial decisions, such as damages or whipping carpets from the upper floor. In these judicial decisions; By evaluating witnesses and other evidences, a meticulous research is carried out on the level of endurance required for living together and whether the limits of tolerance and endurance are exceeded. In cases where tolerance and tolerance limits are exceeded, it can be decided to prevent confiscation and to pay compensation ”.

"THE CENTRAL SYSTEM SHOULD BE SET TO AT LEAST 15 DEGREES"

Underlining that the central system should be adjusted to at least 15 degrees, Intern Lawyer Nermin Yazıcı said, “What should we do for the neighbor who does not burn his boiler within the framework of the neighbor right? For this, the heating system can be transformed from an individual system to a central system with the decision of the floor owners with the majority of the number and land share. In buildings with a total construction area of ​​two thousand square meters or more, unanimous number and land share are sought. In addition, as stipulated in the Property Ownership Law, people can request the intervention of the judge by applying to the Magistrates' Court where the immovable is located, in accordance with the rule of complying with the rules of accuracy and not disturbing each other while using their independent sections and when using common areas. If the building you are in is heating up with a central system, the heating is set to at least 15 degrees according to the Regulation. This means that if your building is warming up with a central heating system, you can apply to the management and request that the temperature not be reduced below 15 degrees ”.

SOLVED BY FLOOR OWNERSHIP LAW

Speaking about the issues resolved with the condominium law, Lawyer Fatma Abaka said, “Not only the problems in heating, but also the noise of your upper neighbor, the execution of the car park without paying the dues, or the solution of the parking lot problems are solved with the rights of the neighbor and the Law on Property Ownership. However, the right of neighbors, which we have emphasized, should not be taken lightly. You ask why? Because, with Article 25 of the Property Ownership Law, they may request from the Magistrate to transfer the property right over the detached part of the other floor owner who violates the rights of the floor owners to the extent that it cannot be withdrawn, by paying the price. Yes, you got it right, the transfer of the apartment of the neighboring flat owner, who has unbearable behavior, can be requested. The essence of the matter is to live together without harming each other and without discomfort. As Frederic William Karrar put it; "Human freedom ends where the freedom of its neighbor begins." Otherwise, the unbearable neighbor may face lawsuits and even be from his home ”and ended his words.

SÜMEYRA KENESARI / YENİ HABER