Question for you

enoch

Member
Cutting overhanging trees from the neighbours garden in Turkey
I think it's been on here before but couldn't find it. Can you cut overhanging trees from your neighbours garden, so long as you give the branches back. I'm talking about in Turkey. Thanks.
 

Camden

Member
Cutting overhanging trees from the neighbours garden in Turkey
Turkish Civil Law Madde 740

Item 740- If the branches and roots that damage the neighbour's land by overflowing are not removed within an appropriate period of time upon his request, the neighbour may cut these branches and roots and transfer them to their own property.
The neighbour, who bears the overflow of the branches on his planted or built land, has the right to collect the fruits grown on these branches.

According to the new MK 740 m. Numbered 4721, a warning should be issued first to cut the branches to neighbour beforehand and given time to adhere .

 

enoch

Member
Cutting overhanging trees from the neighbours garden in Turkey
Turkish Civil Law Madde 740

Item 740- If the branches and roots that damage the neighbour's land by overflowing are not removed within an appropriate period of time upon his request, the neighbour may cut these branches and roots and transfer them to their own property.
The neighbour, who bears the overflow of the branches on his planted or built land, has the right to collect the fruits grown on these branches.

According to the new MK 740 m. Numbered 4721, a warning should be issued first to cut the branches to neighbour beforehand and given time to adhere .
So it's similar to the uk, there is no damage to property. Just a bloody mess blocking our light, and I have all the dead leaves to clean up..
 

Camden

Member
Cutting overhanging trees from the neighbours garden in Turkey
Enoch said: So it's similar to the uk, there is no damage to property. Just a bloody mess blocking our light, and I have all the dead leaves to clean up..

Enoch when you said the branches were "blocking your light ..

I was thinking Neighbouring trees blocking light and view could be possibly be interpreted as "damage" as per Turkish Civil Law Madde 740

As a case was brought by a neighbour whose trees were planted to close to the boundary that his plants and crop were blocked from light ...his first case was the tree's to be cut down he lost ...but on appeal he won for the branches to be pruned back to allow light and view on his property ...


Case law ...#
An important part of these limitations that can be summarized as making, avoiding and enduring are regulated in articles 737 and 750 of the TMK under the title of "neighbour right", and in articles 751 and 761, the issues that the owner should do are specified.

As a rule, the damage must have occurred in order to be able to file an action for the prevention of erosion. The lawsuits filed in this way should be rejected, since a lawsuit cannot be filed on the grounds that damage will occur in the future.

However, in exceptional cases, even if the damage has not yet occurred, if it is highly probable or certain that the damage will occur in the near future, the plaintiff should be given the right to file a lawsuit for the prevention of the danger of harm and the damage should not be expected.

If it is determined by the discovery and expert report that the trees planted by the defendant in his own property have damaged the plants on the plaintiff's immovable by making shade, if this damage can be eliminated by pruning or thinning the tree branches, these measures will be taken, if the damage of the plaintiff cannot be prevented, the trees should be cut from the roots. or its removal should be decided .

 
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