Petition for Compensation for Damages Caused by Housing Construction

TO THE DUTY PRIMARY CIVIL COURT
OF ISTANBUL

PLAINTIFF: Name and Surname – (Turkish Republic Identity Number: …) – Address

ATTORNEY: Lawyer's Name and Surname – Address

DEFENDANT: Name and Surname – Address

SUBJECT: Claim for compensation due to damages caused by the defendant to the residence owned by my client, located at … address.

VALUE OF THE CLAIM: For now, … TL

EXPLANATIONS:

1. Property Ownership and Possession: My client, …, is the owner and possessor of the residence located at … address. My client constructed this residence in … year and has resided in it since that date. This is clearly evident from the documents submitted as an attachment to our petition. This residence, in which my client lives peacefully, has become an integral part of his life, both materially and spiritually.
2. Trespassing on the Property and Garden: The defendant, ... Company, whose director is ..., commenced construction on the plot of land belonging to my client on .../.../... and illegally trespassed on my client's garden. The defendant uprooted trees imported from Japan in my client's garden using construction machinery, broke sculptures, and disrupted the natural balance around the residence. Furthermore, they destroyed a squirrel nest belonging to my client, thereby severely violating my client's property rights. The defendant is acting in a planned manner to render my client's residence uninhabitable in order to continue construction rapidly.
3. Urgent Intervention Required: My client's home is currently in danger of collapsing due to the defendant's actions. This unlawful interference with my client's residence must be stopped immediately. The court will clearly establish the above-mentioned points through an on-site inspection and expert examination of my client's residence.

LEGAL GROUNDS: Turkish Civil Code, Turkish Code of Obligations and other relevant legislation.

EVIDENCE:

1. Discovery,
2. Witness accounts,
3. Receipts,
4. Invoices,
5. Other legal evidence.

WITNESSES:

1. Name and Surname – (Turkish Republic Identity Number: …) – Address
2. Name and Surname – (Turkish Republic Identity Number: …) – Address

CONCLUSION AND REQUEST: For the reasons stated and explained above, and for other reasons that your court may consider ex officio;

1. Without prejudice to our rights regarding further claims, we hereby order the defendants to jointly and severally pay ... TL in compensation
2. To determine the extent of the damage to my client's residence on site,
3. I request that the construction, which was started by encroaching on my client's property and is still ongoing, be temporarily halted
4. We respectfully request and demand that the court order the opposing party to pay the court costs and attorney's fees. …/…/…

Plaintiff's
Attorney's Name and
Surname