The claim for demolition in Turkish Civil Law

THE CLAIM FOR DEMOLITION IN TURKISH CIVIL LAW The right of ownership grants the owner the authority, within the limits of the legal system, to use, benefit from and dispose of property as they wish. One of the powers granted to the owner is the protection of this authority against third parties. In cases where there is no obligation for the owner to tolerate interventions to their property, or where such interventions should be prevented or compensated, the removal of unlawful structures, plants, or encroachments may be requested. Although the claim for demolition is frequently seen in practice, it is often brought together with the claim for the prevention of interference. However, certain conditions must be met to invoke this claim. This makes it necessary to conduct a separate evaluation. In fact, the claim for demolition has often been treated as a secondary issue beside the claim for prevention of interference, and has not received independent scholarly attention despite its relevance to a variety of legal disputes. This lack of independent focus has led to numerous problems. This study aims to address these issues through an analysis of doctrinal debates and high court rulings, and contribute to the field by offering solutions to the emerging legal problems. The scope of this study includes the definition, purpose, historical development, legal nature, and distinction of the demolition claim from similar claims. The conditions leading to such a claim, and the types of unlawful structures, plants, and encroachments are analyzed individually. In the final section, the demolition lawsuit is discussed along with the consequences and key distinctions arising when the demolition claim is submitted alongside the claim for the prevention of interference.