What Is Ecrimisil? Understanding Unlawful Occupation Compensation in Türkiye

What Does Ecrimisil Mean?

Ecrimisil is a form of compensation demanded from individuals or entities that occupy a property without the owner's consent. It is commonly referred to as “unlawful occupation compensation” in English and serves to compensate the rightful owner for the unauthorized use of their property.

What Is the Difference Between Ecrimisil and Rent?

While rent is paid under a valid agreement, ecrimisil is imposed on unauthorized users who have no legal rental contract. The key distinction is consent — ecrimisil is claimed when the property has been used without the owner's permission.

In What Situations Can Ecrimisil Be Demanded?

Ecrimisil claims arise in various scenarios, including:

• Unauthorized use of public lands

• Use of shared properties by one co-owner without consent

• Remaining on a property after a court-ordered eviction

• Commercial or private use of a property by non-owners without permission

Who Can Be Held Liable for Ecrimisil?

Ecrimisil is claimed from the person or entity who physically occupied the property without legal authorization. The user must have acted in bad faith — in other words, knowing that they were not entitled to use the property.

How to File an Ecrimisil Claim?

There are two main procedures:

1. Administrative Procedure (For Public Properties):
   When the property belongs to the state or municipality, the relevant authority assesses and notifies the ecrimisil amount directly.

2. Judicial Procedure (For Private Properties):
   For private properties, the rightful owner must file a civil lawsuit before the Civil Court of First Instance. The plaintiff must prove ownership and unlawful occupation.

Requirements for Filing an Ecrimisil Lawsuit

• Ownership Proof: The claimant must present title deed or equivalent documentation.

• Evidence of Unlawful Use: Photos, witness statements, and expert reports are often used.

• Lack of Consent: There must be no explicit or implied permission from the property owner.

How Is the Ecrimisil Amount Calculated?

The amount is determined by considering the location, size, and usage type of the property, as well as the duration of the occupation. Courts or administrative authorities may appoint experts to calculate the market rental value for the period of unlawful use.

Can Ecrimisil Replace Rent?

No. If a valid rental agreement exists, ecrimisil is not applicable. It only applies when there is no contractual basis for the use of the property.

What Is the Statute of Limitations?

Ecrimisil claims are subject to a 5-year statute of limitations starting from the end date of the unlawful occupation. Claims made after this period are no longer valid.

Ecrimisil for Public Lands

For state-owned or municipal properties, such as forest areas, coasts, or public roads, ecrimisil is assessed by the administration and notified to the user. If not accepted, the person can challenge the decision through an administrative lawsuit.

What Happens If Ecrimisil Is Not Paid?

If the compensation is not paid after a final decision or notification, the amount becomes a public receivable and may be collected through enforcement proceedings. The property may also be vacated forcibly if the occupation continues.

In conclusion, ecrimisil is an important legal tool to protect property rights in Türkiye. Whether involving public land or private property, unauthorized occupation can be challenged and compensated through proper legal channels.

At Bayraktar Attorneys, we assist clients in filing ecrimisil lawsuits, handling administrative procedures, and enforcing compensation for unlawful occupation. Contact us today for personalized legal support regarding ecrimisil and related property disputes.