As Uzunpınar & Tüfek International Law Firm, we provide our clients with comprehensive and professional legal support in Ecrimisil Lawsuit processes, which are frequently encountered in practice within the scope of real estate law and disputes arising from immovable property. Ecrimisil is unjust occupation compensation that may be claimed due to the unlawful use or occupation of an immovable property without the consent of its owner. This lawsuit is filed for the purpose of protecting the right of ownership and compensating unlawful use.

An ecrimisil lawsuit arises when all or part of an immovable property is used by persons who are not the owner or who do not have a right of use. In practice, these lawsuits are frequently seen among heirs, in jointly owned immovable properties, in cases where the immovable property is not vacated despite the termination of a tenancy relationship, or where public authorities use the immovable property without permission. Unlike rent, ecrimisil is not a punitive type of compensation, but aims to compensate the damage suffered due to the inability to use the immovable property.

While evaluating an ecrimisil claim, the court takes into consideration the nature of the immovable property, the duration of use, the scope of the manner of use, and the comparable rental values of the immovable property. The calculation of ecrimisil is generally carried out through expert examination, and the claimed amount must be supported by concrete data. As Uzunpınar & Tüfek International Law Firm, we aim to ensure that the damages suffered by our clients are fully compensated by defending their ownership rights in the strongest manner in ecrimisil lawsuits.

FREQUENTLY ASKED QUESTIONS (FAQ)

1. What is an ecrimisil lawsuit?

An ecrimisil lawsuit is a type of lawsuit in which the owner or co-owner of an immovable property claims unjust occupation compensation from the person who unlawfully uses the immovable property without consent. The aim of this lawsuit is to compensate the financial damage suffered during the period in which the immovable property could not be utilized. Ecrimisil is not a receivable based on a lease agreement, but is a type of compensation arising from a tort.

2. Who can file an ecrimisil lawsuit?

An ecrimisil lawsuit may be filed by the owner or co-owner of the immovable property. In jointly owned immovable properties, if one of the co-owners uses the property alone without the consent of the other co-owners, the non-using co-owners may claim ecrimisil. In addition, heirs may also file this lawsuit in immovable properties where the inheritance partnership continues.

3. In which cases can ecrimisil be claimed?

Ecrimisil may be claimed in cases such as unauthorized use of the immovable property, failure to vacate, occupation of jointly owned property by a single person, or failure to evacuate the immovable property despite the expiration of the right of use. The essential condition is that the use is unlawful. If the consent of the owner exists, ecrimisil cannot be claimed.

4. Is a notice required in an ecrimisil lawsuit?

In jointly owned immovable properties, sending a notice is required in most cases in order to claim ecrimisil. The notice indicates that the unlawful use must be terminated and that a usage fee is claimed. However, in cases where the occupation is explicit and in bad faith, the notice requirement may not be sought. The existence of a notice also affects the period for which ecrimisil may be claimed.

5. How is the ecrimisil amount calculated?

The ecrimisil amount is calculated based on comparable rental values that could have been obtained during the period in which the immovable property was occupied. The court conducts an expert examination by taking into account the location of the immovable property, its purpose of use, and market conditions. In addition, the duration and scope of the use of the immovable property play an important role in the calculation.

6. Is the ecrimisil claim subject to a statute of limitations?

Yes. Ecrimisil receivables are subject to a five-year statute of limitations. The claimant may claim ecrimisil for a maximum period of five years retroactively from the date of filing the lawsuit. Claims relating to earlier periods are rejected due to the statute of limitations. For this reason, filing the lawsuit in a timely manner is of great importance to avoid loss of rights.

7. Before which court is an ecrimisil lawsuit filed?

Ecrimisil lawsuits are filed before the Civil Court of First Instance where the immovable property is located. The competent court is the court of the location of the immovable property, and the court with jurisdiction is determined according to the nature of the dispute. Lawsuits filed before an incorrect court may be dismissed on procedural grounds.

8. How long does an ecrimisil lawsuit take?

These lawsuits are generally concluded within 1–2 years, depending on the scope of the case file and expert examinations. The complete submission of evidence and proper management of the process contribute to the conclusion of the lawsuit in a shorter period.

9. Can eviction be requested together with an ecrimisil lawsuit?

Yes. In practice, a request for eviction may also be asserted together with an ecrimisil lawsuit. Especially in cases where the immovable property is unlawfully occupied, both retroactive ecrimisil compensation is claimed and the termination of the occupation is sought. These requests may be asserted in the same statement of claim.

10. Why is it important to pursue an ecrimisil lawsuit with an attorney?

Ecrimisil lawsuits are cases that require expertise due to technical calculations, expert reports, and procedural rules. Incorrect calculations, incomplete evidence, or statute of limitations errors may lead to serious loss of rights. For this reason, it is of great importance to conduct the process with an experienced real estate law attorney. Uzunpınar & Tüfek International Law Firm provides strong, meticulous, and result-oriented legal representation to its clients in ecrimisil lawsuits.