Neighbour dispute advice
Discussion
Ok, so here is a legal advice issue.
We have a Turkish holliday home. The neighbouring house has been bought by a British guy from a Turkish Builder.
They cut through our mains electricity twice in March. We were without electricity for 8 weeks. He has refused to replace the damaged cable. I have paid £1000 to fix it. I emailed him last week and he said it was not his responsibilty and tough. ( not the best neighbourly response, frankly made my blood boil) his builder said he works for him not me.
Can i take things further here in the UK? Or do I have to go through the Turkish legal system which will take forever.
Thanks for any advice
We have a Turkish holliday home. The neighbouring house has been bought by a British guy from a Turkish Builder.
They cut through our mains electricity twice in March. We were without electricity for 8 weeks. He has refused to replace the damaged cable. I have paid £1000 to fix it. I emailed him last week and he said it was not his responsibilty and tough. ( not the best neighbourly response, frankly made my blood boil) his builder said he works for him not me.
Can i take things further here in the UK? Or do I have to go through the Turkish legal system which will take forever.
Thanks for any advice
PauloV12V said:
Thats what I was hoping. If he instructed the third party I was hoping he would be jointly liable.
This would suggest not.http://www.mybuilder.com/questions/v/6968/damage-t...
PurpleMoonlight said:
Thats where the problem lies, suing a Turkish Builder wont work as they do not have insurance. I was hoping for an angle here in the UK but your link does not seem promising sadly.A provision of EU law called the Rome II Regulation (864/2007/EC) applies here. The general rule is that the law of the country where damage occurs applies BUT if both the claimant and the defendant are habitually resident in the same country then the law of that country applies UNLESS special circumstances indicate that another country's law is applicable (there are no obvious circumstances of that kind here).
It does not matter for this purpose that Turkey is not in the EU, as the Regulation can apply as between parties resident in EU member States (it is expressed to have "universal application", although only EU member State courts will recognise it).
BUT the big problem for the OP is that, in English law, in general a person who employs an independent contractor is not liable for that contractor's civil wrongs.
It does not matter for this purpose that Turkey is not in the EU, as the Regulation can apply as between parties resident in EU member States (it is expressed to have "universal application", although only EU member State courts will recognise it).
BUT the big problem for the OP is that, in English law, in general a person who employs an independent contractor is not liable for that contractor's civil wrongs.
Edited by anonymous-user on Monday 7th July 07:07
OP. Your friend has arrived. My O/H is a property developer in Turkey. She is Turkish and fully used to this sort of incalristance. She develops in Istanbul so has heard every excuse under the sun and some excuses you wouldn't even be able to dream up. She also has a few friends in various places.
Where are you? Dalaman? Bodrum?
If you want to sort it out yourself all good but happy to make a few telephone calls on your behalf. PM me if you wish.
NB. This is not an offer of silly violence. Turkey is lovely but sometimes it's all about 'who you know'
Where are you? Dalaman? Bodrum?
If you want to sort it out yourself all good but happy to make a few telephone calls on your behalf. PM me if you wish.
NB. This is not an offer of silly violence. Turkey is lovely but sometimes it's all about 'who you know'
TVR1 said:
OP. Your friend has arrived. My O/H is a property developer in Turkey. She is Turkish and fully used to this sort of incalristance. She develops in Istanbul so has heard every excuse under the sun and some excuses you wouldn't even be able to dream up. She also has a few friends in various places.
Where are you? Dalaman? Bodrum?
If you want to sort it out yourself all good but happy to make a few telephone calls on your behalf. PM me if you wish.
NB. This is not an offer of silly violence. Turkey is lovely but sometimes it's all about 'who you know'
Dear God.Where are you? Dalaman? Bodrum?
If you want to sort it out yourself all good but happy to make a few telephone calls on your behalf. PM me if you wish.
NB. This is not an offer of silly violence. Turkey is lovely but sometimes it's all about 'who you know'
whoami said:
TVR1 said:
OP. Your friend has arrived. My O/H is a property developer in Turkey. She is Turkish and fully used to this sort of incalristance. She develops in Istanbul so has heard every excuse under the sun and some excuses you wouldn't even be able to dream up. She also has a few friends in various places.
Where are you? Dalaman? Bodrum?
If you want to sort it out yourself all good but happy to make a few telephone calls on your behalf. PM me if you wish.
NB. This is not an offer of silly violence. Turkey is lovely but sometimes it's all about 'who you know'
Dear God.Where are you? Dalaman? Bodrum?
If you want to sort it out yourself all good but happy to make a few telephone calls on your behalf. PM me if you wish.
NB. This is not an offer of silly violence. Turkey is lovely but sometimes it's all about 'who you know'
swerni said:
You don't make it very clear.
Who cut through the cable?
Was is the builder the british guy bought the house from or some other builder he employed after he purchased it?
Who cut through the cable?
Was is the builder the british guy bought the house from or some other builder he employed after he purchased it?
Thanks for the replies!
The English neighbour had visited the town many times and through his connections with a local builder became aware of a plot of land for development. Until i can get more info ( which he is reticent to supply) i can only assume that he either a) bought the finished villa direct from his builder or b) bought the plot and instucted the builder to do the works. It is more likely to be a).
The builder cut through the cable which I have had to pay the said £1000 to repair. The builder refused to replace it so unless I replaced it I would be without electricity all summer. My neighbour upon hearing this said it was my tough luck and would have to sue the builder which he knows full well is difficult. Its infuriating as he lives in a nice big £2m manor house in the UK and wants to create a dispute for something that should be resolved over a beer. Grrrr.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff