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The Compromise Nature of Property Rights in Action – Tolerating Neighboring Nuisances?

By Nino Meskhishvili

Law and World · Vol. 11, No. 34, pp. 60-74 · 2025

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Abstract

This article explores the evolving conception of property rights as individual entitlements and socially embedded institutions, emphasizing neighbor law and the duty of tolerance. While civil-law traditions traditionally conceptualize ownership as an exclusive and absolute right, modern legal systems increasingly recognize that property must serve a social function and coexist with the rights and interests of others. Using the Georgian legal framework (Article 175 of the Civil Code), the paper examines how legal norms mediate conflicts between neighboring property owners, particularly where environmental degradation or industrial activity undermines the peaceful enjoyment or economic use of property. The article emphasizes the role of regulatory mechanisms, such as environmental and construction standards, and highlights the judiciary’s critical function in determining the permissible scope of interference on a case-by-case basis. Drawing upon the jurisprudence of the European Court of Human Rights, it analyzes how the Court balances individual property rights under Article 1 of Protocol No. 1 with broader concerns addressed under Article 8 of the European Convention on Human Rights. By integrating national legal norms with international human rights standards, the article aims to delineate a coherent framework for resolving property-related conflicts in a manner that respects both private autonomy and the public interest.

Details

Publication type
Journal article
Author
  • Nino Meskhishvili - Doctor of Law, Associate Professor, University of Georgia, Georgia
Journal
Law and World
Publication
June 30, 2025
Volume
11
Issue
34
Pages
60-74
Language
English
DOI
10.36475/11.2.6
ISSN
2346-7916
Institutions
University of Georgia
Access
Open access
Licence
CC BY-SA 4.0
Added to catalogue
Metadata source
Supplied by the publisher

Areas of law

Private Law

Keywords

Property rights environmental disturbance tolerating neighboring nuisance

Cite this record

Meskhishvili, N. (2025). The Compromise Nature of Property Rights in Action – Tolerating Neighboring Nuisances?. Law and World, 11(34), 60-74. https://doi.org/10.36475/11.2.6
Meskhishvili, Nino. "The Compromise Nature of Property Rights in Action – Tolerating Neighboring Nuisances?." Law and World 11, no. 34 (2025): 60-74. https://doi.org/10.36475/11.2.6.
@article{meskhishvili2025_n8qm99,
  title     = {The Compromise Nature of Property Rights in Action – Tolerating Neighboring Nuisances?},
  author    = {Meskhishvili, Nino},
  year      = {2025},
  journal   = {Law and World},
  volume    = {11},
  number    = {34},
  pages     = {60--74},
  doi       = {10.36475/11.2.6},
  issn      = {2346-7916},
  language  = {en},
  url       = {https://lawandworld.ge/index.php/law/article/view/789},
  note      = {Open access}
}
Download BibTeX 
TY  - JOUR
AU  - Meskhishvili, Nino
TI  - The Compromise Nature of Property Rights in Action – Tolerating Neighboring Nuisances?
PY  - 2025
JO  - Law and World
VL  - 11
IS  - 34
SN  - 2346-7916
DO  - 10.36475/11.2.6
LA  - en
UR  - https://lawandworld.ge/index.php/law/article/view/789
AB  - This article explores the evolving conception of property rights as individual entitlements and socially embedded institutions, emphasizing neighbor law and the duty of tolerance. While civil-law traditions traditionally conceptualize ownership as an exclusive and absolute right, modern legal systems increasingly recognize that property must serve a social function and coexist with the rights and interests of others. Using the Georgian legal framework (Article 175 of the Civil Code), the paper examines how legal norms mediate conflicts between neighboring property owners, particularly where environmental degradation or industrial activity undermines the peaceful enjoyment or economic use of property. The article emphasizes the role of regulatory mechanisms, such as environmental and construction standards, and highlights the judiciary’s critical function in determining the permissible scope of interference on a case-by-case basis. Drawing upon the jurisprudence of the European Court of Human Rights, it analyzes how the Court balances individual property rights under Article 1 of Protocol No. 1 with broader concerns addressed under Article 8 of the European Convention on Human Rights. By integrating national legal norms with international human rights standards, the article aims to delineate a coherent framework for resolving property-related conflicts in a manner that respects both private autonomy and the public interest.
KW  - Property rights
KW  - environmental disturbance
KW  - tolerating neighboring nuisance
KW  - საკუთრების უფლება
KW  - გარემოსდაცვითი ზემოქმედება
KW  - მეზობლისგან მომდინარე ზემოქმედების მოთმენა
SP  - 60
EP  - 74
ER  -
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