Case for Prevention of Interference (Prohibition of Interference)

Preventing Unauthorized Access | Izmir Law Firm

Turkish Civil Code According to Article 683, which states that "The owner of something has the right to use, enjoy, and dispose of it as he wishes, within the limits of the legal order," lawsuits to prevent interference with property rights can be briefly defined as lawsuits that owners of movable or immovable property can file against individuals who, without a justifiable reason, prevent them from exercising their rights stemming from their property. 

Conditions Required to File a Lawsuit for Prevention of Encroachment

1- The person filing the lawsuit must own the property. 

Both property owners and their heirs are authorized to file these lawsuits. Furthermore, in lawsuits aimed at preventing encroachment, the public sector can also be a plaintiff or defendant. Especially in cases of expropriation without compensation, lawsuits can be filed to prevent the encroachment or to seek compensation for the damages resulting from such expropriation. 

2. There must be an unlawful attack or interference with the person's property. 

It is important to note here that bad faith is not a mandatory requirement. An unlawful attack on a person's property rights is sufficient to file this lawsuit. 

3. The intervention in question must either be ongoing or certain to occur in the future. 

4. It is not necessary for interfering to cause harm. (However, in cases of material damage caused by unlawful encroachment, a lawsuit claiming compensation for unlawful use of property can also be filed alongside this lawsuit.)

After discussing the conditions required to file these lawsuits, let's share some common examples of cases that are frequently brought before the courts: 

• In jointly owned properties, if one co-owner prevents the other co-owner from using the property,
• In cases where a contractor constructs an illegal floor in a building built under a land-for-construction agreement, the landowners may request the demolition of the illegal floor due to the unlawful interference.,
• Requesting the prevention of interference caused by the installation of water pipes or similar facilities under a plot of land without expropriation,
• Harvesting on someone else's field,
• The act of diverting water from someone else's property to one's own field.,
• If a property is put into use before the sale is finalized, a lawsuit can be filed to prevent its eviction. 

These examples are not exhaustive; a lawsuit to prevent interference with property rights can be filed in any situation where the stated conditions occur and cause damage. 

Since the right to property is a fundamental right protected by the Constitution, there is no statute of limitations for filing lawsuits in disputes arising from the violation of this right. 

Compensation in Case of Prohibition of Intervention

We have stated that fault is not a requirement in lawsuits for the prevention of interference. However, if the person is at fault—that is, if they are aware that they have no right or that there is a dispute regarding this matter—they are also obliged to compensate for the damage they caused.

General provisions apply here regarding the calculation and claim of material and moral damages.

As can be seen, lawsuits for the prevention of interference, while based on property rights, are cases that require technical and legal knowledge. It should be noted that situations encountered in practice are often not as simple as what we have described. Many cases can have a complex structure within themselves. Therefore, in important cases such as lawsuits for the prevention of interference, the best course of action is to seek the help of lawyers experienced in this field.

For legal advice on this matter, please contact our expert team. Contact page.

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