Legal Grounds for Damage Caused to Real Property
Damage may be caused to real property — a dwelling, a house, a plot of land or another object — both intentionally and through a negligent act, and the law here puts the mechanism of monetary compensation into the injured party's hands. Under the general rule of civil legislation, a person who causes damage to another person by an unlawful, intentional or negligent act is obliged to compensate that damage. This norm is the foundation for every concrete case — a damaged wall, a flooded apartment, a destroyed fence, or the consequences of construction work that spilled over onto a neighbour's land. On this page we explain how the obligation to compensate is constructed, who answers for damage caused by a minor or by a recipient of support, and what the rule on the dissemination of information provides.
Intent, Negligence and Unlawfulness
The foundations of the obligation to compensate are the unlawfulness of the act and fault — intent or negligence. In a dispute these elements stand at the centre: the injured party must establish that the act was unlawful, while the person who caused the damage often tries to establish that a duty was observed or that no fault existed. The timely fixation of evidence is decisive here: an expert examination, photographic material, an inspection act and witness statements. The court then assesses whether causation existed between the act and the damage and determines the amount of compensation — which is why preparing the case together with a professional determines the outcome as much as the facts themselves do.
Dissemination of Information and Property Damage
Damage is not always physical: the law also protects the case where a person's property interests are harmed by incorrect information. A person who intentionally or negligently disseminates or publicises facts harmful to the property of another person is obliged to compensate the damage arising therefrom, if those facts are clearly incorrect. At the same time the law strikes a balance: the obligation to compensate does not arise from statements that serve the protection of lawful public interests. This means that a position expressed on a matter of public significance and the malicious spreading of rumour produce different legal consequences, and the boundary depends on the court's assessment of the concrete circumstances of each case.
Damage Caused by a Minor
Special rules apply where the damage is caused by a minor: a person who has not reached the age of ten does not bear responsibility for damage caused to another; in this case liability falls on the parents or on other persons obliged to supervise, yet their liability is excluded where the persons obliged to supervise could not have prevented the damage. A minor above the age of ten answers personally, except in cases where, at the moment of causing the damage, that minor could not understand the significance of the act; and where such a person has insufficient property or income, supplementary liability is borne by the representatives as well. In cases of damage to real property this means that the claim may be directed against the child's parents or representatives, and the presence of the statutory conditions must be examined in each specific case.
Damage Caused by a Recipient of Support
The law separately regulates damage caused by a recipient of support — a person supported by another: the obligation to compensate lies primarily with the recipient, except in the case where a supporter has been appointed by a court decision to prevent the infliction of damage. Where the recipient so appointed nevertheless causes damage, compensation is borne by the supporter, except where preventing that damage was impossible. At the same time the supporter bears no liability if the supporter establishes that, at the moment of the infliction of the damage, the recipient no longer needed the support. These norms distribute responsibility precisely within relationships connected with the institution of support, and their correct application often decides against whom the claim should be brought.
Frequently Asked Questions About Property Damage
Who compensates damage caused to real property?
The person who caused the damage by an unlawful, intentional or negligent act — under the general rule of the law this obligation lies directly with the person who caused the damage, apart from the exceptional cases provided for by law.
What if the damage was caused by a child?
A person under the age of ten bears no responsibility — the damage is compensated by the parents or by persons obliged to supervise, unless it is established that they could not have prevented it. A minor above ten answers personally, and in case of insufficient property the representatives bear supplementary liability.
The person claims the information was correct — what then?
Compensation for damage from the dissemination of information arises where the facts are clearly incorrect; statements serving the protection of lawful public interests create no obligation. The boundary depends on the assessment of the circumstances.
How is the amount of damage established?
Substantiation of the fact and amount of damage rests on evidence: inspection acts, photo and video material, expert assessment. A lawyer will help choose the proper procedure and build the position.
How We Help on Legal.ge
The lawyers of Legal.ge handle property damage cases from both sides: we fix the evidence, prepare the formal demand and the claim, substantiate the amount of the damage and defend your interests in court. Contact us — we will assess your situation and act as soon as the damage occurs, before it grows.