Property Disputes in Inheritance (Ecrimisil) Cases in Turkey

Lawsuit for Compensation for Unjust Occupation Between Siblings

When real estate inherited through inheritance becomes the subject of joint ownership of multiple siblings, conflicts may frequently arise regarding the use and sharing of these properties. Such disputes can lead to serious legal processes between siblings. In this context, the concept of “ecrimisil” (compensation for unjust occupation) gains importance.

Ecrimisil is a type of compensation demanded as a result of the unjust occupation of a property and is frequently brought up in cases of rights violations during the use of property between siblings in Turkey.

This article will discuss the legal dimensions of the ecrimisil lawsuit between siblings, the points to be considered during the litigation process, and how the ecrimisil compensation is determined in the Turkish Legal System.

The Concept of Ecrimisil and Its Legal Nature

Ecrimisil is legally defined as the compensation that must be paid to the property owner in case of unjust occupation of immovable property. Although there is no direct definition in the Turkish Civil Code, ecrimisil has a broad legal content in practice. Ecrimisil compensation is calculated based on the rental value of the occupied property or the benefit obtained from the property. This compensation can be claimed regardless of whether the occupier is in good or bad faith.

Legal Nature of Ecrimisil: Ecrimisil is a type of compensation based on the relevant provisions of the Turkish Civil Code and the Code of Obligations. In terms of its legal nature, it is similar to tort compensation. However, ecrimisil can only be claimed for unjust occupations on immovable properties and in this respect, it can also be likened to rent receivables.

Elements of Ecrimisil: For an ecrimisil claim to be successful, several basic elements are needed:

• Existence of Unjust Occupation: Use of the property without consent.
• Occurrence of Damage: The property owner suffering a loss of interest due to occupation.
• Continuation of Possession: The occupation should not cause complete loss of possession.

Ecrimisil Lawsuit Between Siblings

Ecrimisil lawsuits between siblings usually arise during the use of inherited properties. Before the distribution of inheritance, if one or more siblings use the property without the consent of other siblings, this situation constitutes unjust occupation, and in this case, an ecrimisil lawsuit can be filed in Turkey.

Legal Relationship Between Siblings: On a property inherited, each of the heirs is a joint owner. According to the Turkish Civil Code, as long as the actual distribution of the property is not made among the heirs, each heir becomes a shareholder in the whole property. However, this shareholding can lead to disputes regarding the use of the property.

Determination of Unjust Occupation: Determining unjust occupation between siblings is one of the most important elements of the ecrimisil lawsuit. To determine whether the occupation is unjust or not, it is examined whether the sibling in the position of occupier has used the property without the consent of other heirs. If the occupying sibling has used the property without the permission of other siblings, this situation is considered as unjust occupation.

Calculation of Ecrimisil Amount: The ecrimisil amount is calculated based on the fair rental value of the occupied property. The ecrimisil amount is determined by considering the occupation period of the property and the benefit obtained during this period. During this calculation, factors such as the location of the property, its nature, and market conditions are taken into account. Additionally, the income or savings obtained by the occupier by using the property is added to the ecrimisil amount.

Litigation Process Between Siblings: The ecrimisil lawsuit is filed in the court where the property is located. The sibling or siblings in the position of plaintiff file a lawsuit against the occupying sibling, demanding ecrimisil compensation due to the unjust occupation of the property. During the litigation process, issues such as the occupation period of the property, whether the occupation is unjust or not, and how the ecrimisil amount will be determined are examined.

Parties in the Ecrimisil Lawsuit

In ecrimisil lawsuits, the parties in the position of plaintiff and defendant are subject to certain legal conditions. These conditions are especially important in ecrimisil lawsuits filed between siblings.

Plaintiff: In an ecrimisil lawsuit, the plaintiff is the sibling whose property right is violated or whose right of use is restricted. Multiple siblings can file a lawsuit together as plaintiffs. However, for the lawsuit to be filed, the plaintiff must have ownership rights or possession of the property. If the ownership right has been transferred for another legal reason, this person loses the plaintiff status.

Defendant: The defendant is the sibling who unjustly occupies the property. This sibling is considered to have gained unjust enrichment by using the property without the consent of other heirs and is therefore obliged to pay ecrimisil compensation. The conditions under which the defendant sibling used the property and for how long are among the determining factors in the litigation process.

Conditions for Claiming Ecrimisil

Certain conditions must be met to claim ecrimisil. If these conditions, which are a legal necessity, are not fulfilled, the lawsuit may be rejected or the ecrimisil claim may be deemed invalid.

Existence of Unjust Occupation: The most important condition for an ecrimisil claim is the existence of unjust occupation. Unjust occupation means the occupier using or benefiting from a property without the permission of other property owners. In an inherited property, one sibling using the property without the consent of other siblings is the most obvious example of unjust occupation.

Existence of Damage: For an ecrimisil claim to be made, it is not necessary for the person who has the property right to have suffered damage. The damage condition may be important to show that the occupation is unjust, but it is not a mandatory element for claiming ecrimisil compensation. In other words, the unjust enrichment of the occupier is sufficient for the justification of the ecrimisil claim.

Condition of Being Deprived of Benefit: To claim ecrimisil, the person who has the ownership right of the property must have been unable to benefit from the property due to the occupation. This is a necessary condition to prove that the occupation is unjust. If the property owner has been prevented from using the property by the occupier, the ecrimisil claim can be defended more strongly.

Determination of Ecrimisil Amount

Determining the ecrimisil amount is one of the most critical stages of the litigation process. At this stage, the duration of use of the property, the gain obtained by the occupier, and the current market conditions of the property are taken into consideration.

Property Value and Rental Price: In calculating the ecrimisil amount, the fair rental price of the property in the region where it is located is taken into account. If the rental price of the property in the market is not certain, the court determines this value through expert witnesses. The rental price may vary depending on the nature of the property, its location, and current market conditions.

Occupation Period: In calculating the ecrimisil amount, how long the property has been used unjustly is of great importance. The longer the occupation period, the higher the ecrimisil amount. This period is usually calculated retrospectively as of the date of filing the lawsuit.

Benefit Obtained: In determining the ecrimisil amount, the benefit obtained by the occupier from the property is also taken into account. If the occupier has earned income by using the property, this income is added to the ecrimisil amount. For example, if the occupied property has been used as a commercial enterprise, the occupier may have to pay a portion of the income obtained from this enterprise as ecrimisil.

Litigation Process in Ecrimisil Lawsuit

The ecrimisil lawsuit is filed in the court where the property is located. Such lawsuits are usually heard in the Civil Court of First Instance in Turkey. The litigation process consists of the stages of collecting evidence, examining expert reports, and hearing the defenses of the parties.

Filing the Lawsuit: The sibling or siblings who want to file an ecrimisil lawsuit file a lawsuit stating that they have suffered damage or their rights have been violated due to the unjust occupation of the property. In the petition, the duration of the unjust occupation, the nature of the property, and the requested ecrimisil amount should be clearly stated.

Collection of Evidence: While evaluating the ecrimisil claim, the court collects evidence to determine the ownership status of the property, the occupation period, and the existence of unjust occupation. This evidence may include land registry records, lease agreements, and witness statements. Additionally, an expert report may be sought to determine the rental value of the property.

Expert Report: The court may resort to an expert report to determine the fair rental value of the property and the ecrimisil amount. The expert prepares a report considering the rental prices in the region where the property is located, the purpose of use of the property, and the occupation period. This report plays an important role in the court’s determination of the ecrimisil amount.

Rendering the Decision: After examining the evidence and the expert report, the court evaluates the ecrimisil claim and makes a decision. If the court determines the existence of unjust occupation and the justification of the ecrimisil claim, it rules that the occupying sibling must pay a certain compensation. This compensation is calculated based on the occupation period and the rental value of the property.

Time Limits and Interest in Ecrimisil Lawsuit

Legal issues such as the statute of limitations and the adjudication of interest are also of great importance in ecrimisil lawsuits. In such lawsuits, not missing the time-barring periods and making the correct interest claim can affect the outcome of the case.

Statute of Limitations: To claim ecrimisil, a lawsuit must be filed within 5 years from the date when the unjust occupation is learned. This period is a time-barring period determined in the Supreme Court jurisprudence in the Turkish Legal System, and if the period expires, the right to claim ecrimisil ends.

Interest Claim: It is possible to apply interest to the ecrimisil compensation from the date of the lawsuit. During the determination of the ecrimisil amount, the court may also evaluate the interest claim to compensate for the damage occurred during the occupation period. The interest rate is calculated considering the interest rates determined by the Central Bank of the Republic of Turkey. Additionally, the interest adjudged by the court provides an additional advantage to the plaintiff as compensation in case the defendant party delays making the payment.

 

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