Lawsuits for removal of neighboring immissions
Immissions from neighboring properties, such as noise, smoke, tremors etc, are governed in the substantive law by the Law on Foundations of Property Relations. The Law envisages that a lawsuit may be filed to prevent disturbances. Moreover, there is also the option to seek the compensation of incurr...
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| Format: | Article |
| Language: | English |
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University of Novi Sad, Faculty of Law
2011-01-01
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| Series: | Zbornik Radova: Pravni Fakultet u Novom Sadu |
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| Online Access: | http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2011/0550-21791103335S.pdf |
| Summary: | Immissions from neighboring properties, such as noise, smoke, tremors etc, are governed in the substantive law by the Law on Foundations of Property Relations. The Law envisages that a lawsuit may be filed to prevent disturbances. Moreover, there is also the option to seek the compensation of incurred damages. The lawsuit for removal of neighboring immissions differs from the one for obstruction of possession, since it doesn't require establishment of the most recent status of possession, and since there is no deprivation of possession in fact. Neighboring immissions result in disturbance of possession, wherefore the lawsuit on neighboring immissions boils down to evidencing of environmental infringements of neighboring property's space - e.g. soil, air - set forth by the law. Disturbance of possession through illicit influencing of a property, whereupon such property does not change its holder, represents also a form of trespassing, which may be subject to a separate lawsuit. Such disturbance is not caused by immissions. |
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| ISSN: | 0550-2179 2406-1255 |