Vibration Damage and Abuse of Property Rights in Construction

A homeowner brought a claim against a neighbor for damages resulting from vibrations caused by construction work, asserting that the neighbor had failed to take necessary precautions to prevent the damage. The lower court dismissed the claim, finding that the construction was conducted in accordance with regulations and that the vibrations, while measurable, did not exceed the permissible thresholds generally accepted as tolerably disturbing. The high court quashed the decision, reasoning that even if work adheres to administrative regulations, an individual suffering damage from proximity-based disturbances, such as vibrations, retains a right to compensation based on the principle of liability for abuse of property rights, provided the damage is substantial and abnormal for the location, irrespective of compliance with mere regulatory thresholds.