Legal Study on Cutting of Trees and Bushes in Urban Areas Outside Forests

Abstract

Turkish legislation on damages to trees and bushes includes separate regulations for trees and bushes in and outside forests. Implementation of the said legislation and regulations in cases of damage to trees and bushes in forests seems to have become settled, while uncertainties and problems are observed in the said implementation in cases of damage to trees and bushes outside forests, particularly those in urban areas. Our research revealed an increase in disputes and filings of lawsuits due to cutting of trees and bushes, particularly those in urban areas, both by owners and non-owners. Such disputes arise mostly between housing estate and building residents and managers of such estates and buildings, as well as municipal authorities and neighborhood residents. Another party to the said disputes is Forest Administrations, which applies a procedure of permission especially because the trees cut are forest trees, and evaluation of legal aspects of the said procedure is another issue that requires attention. The legal provisions on which this study is based are a different issue that should be brought into question. In this context, the competition of laws, particularly the Turkish Penal Code No. 5237 and Forest Law No. 6831, should be addressed in accordance with the current provisions and general principles of law.