Üstün Arza Tabi Olması Kuralının İstisnası Olarak Taşkın Yapı

Abstract

The rule that the property of the things on the land belongs to that land, which is a principle that has survived from Roman law, is called those above belong to the land. However, this rule is not absolute. There are some exceptions. One of them are the encroaching structures. A encroaching structure occurs when one of the two adjacent properties violates the boundaries of the other and the built building overflows. In this case, the legislator has made a regulation on whether the overflow can be based on a right, and if it is not, what will happen under certain conditions and conditions. Buildings built on the basis of a right become an integral part of the main structure. However, if there is no right of easement in between, in this case the owner has not objected within fifteen days and if the situation and conditions justify and the owner of the building is in good faith, he can demand the establishment of an easement or the transfer of the ownership of the overflowing part. However, if there is no right of easement in between, there will be a violation of the property right of the immovable owner. For this reason, there are some ways for the owner to eliminate these demands. The owner can file a lawsuit for mesne profits if there is a damage caused by the overflow of the building or the removal of the encroaching building and the unfair occupation. The aim of this thesis is to examine the concept of overflow, which is an exception to the rule of component part (Superficies Solo Cedit), which is one of the principles of immovable property existing in our law, in the light of doctrine and Supreme Court decisions, and to evaluate the problems that arise about the encroaching structure by considering today's conditions.