Real Estate Rights: Legal Remedy of Ecrimisil and Seizure
The right to property is one of the most fundamental concepts of law and entitles persons to use, benefit and dispose of the movable and immovable property they own. However, in some cases, the property rights of the owners may be violated. There are two important legal remedies that can be applied in such cases: Ecrimisil lawsuits and actions for the prevention of seizure.
Ecrimisil case is a legal process that provides compensation for the damage suffered by the owner and the deprived rent in case of unjust occupation of an immovable property. The lawsuit for the prevention of seizure, on the other hand, aims to eliminate the wrongful interference with the property right of an immovable property owner and to prevent it in the future. These two actions are important legal tools to protect the right to property and to end unlawful uses.
Ecrimisil Case
Definition and Legal Basis of Ecrimisil
Ecrimisil, as a legal term, means compensation for unjust occupation. In the event that a person uses or occupies an immovable belonging to another person without permission, the owner of the immovable may claim the damage suffered and the rental income deprived. Ecrimisil lawsuits are regulated in various legislations such as the Turkish Civil Code, the Code of Obligations and the State Tender Law No. 2886.
In order to request an exemption, the immovable must have been used unfairly and maliciously. In other words, the immovable must be occupied by someone else without the consent of the owner and the occupier must act knowingly. No ecrimisil can be demanded from bona fide occupiers.
Filing and Process of Ecrimisil Lawsuit
Ecrimisil lawsuit is a compensation lawsuit that the owner of the immovable property may file before the Civil Court of Peace or the Civil Court of First Instance against the wrongful occupier. In this case, the owner must prove that his/her immovable property has been used unfairly for a certain period of time and that he/she has been deprived of rental income as a result of this use.
In order to make a claim, the owner can make a retroactive claim for a maximum period of 5 years. The court determines the amount of the ecrimisil by taking into account the current rental price of the immovable and the duration of the unfair use. Factors such as the location of the immovable property, market conditions and the duration of the occupation are taken into account when determining the amount of ecrimisil. If the occupier has destroyed the immovable property or caused a loss of value due to excessive use, these damages may also be claimed separately.
During the court process, an expert examination is conducted and a detailed report on the use of the immovable is prepared. In line with this report, the unjust occupier may be obliged to evacuate the immovable property immediately or may be obliged to pay ecrimisil to the owner retrospectively.
Prevention of Seizure (Prevention of Intervention) Case
Definition and Legal Basis of the Action for Prevention of Seizure
A lawsuit for the prevention of seizure is a type of lawsuit filed by the owner to protect his property right and to demand the termination of the wrongful interference with his immovable property. Turkish Civil Code Article 683 The law regulates the protection of the right to property and clearly states that the owner may prevent any unjustified interference with his immovable property.
This lawsuit is usually filed to prevent any physical or legal interference with a person’s immovable property without their consent. For example, a neighboring property owner may build a structure in violation of the boundary, public administrations may use the immovable property through expropriation, or third parties may occupy the immovable property. All these situations constitute the subject matter of the lawsuit for prevention of encroachment.
Filing and Process of the Case for Prevention of Seizure
The lawsuit for prevention of seizure is filed at the Civil Court of First Instance where the immovable property is located. The plaintiff must prove the existence of the wrongful interference with the immovable property. If the interference continues, the court may order the removal of the actual seizure of the immovable property and take preventive measures to prevent the interference from recurring in the future.
During the litigation process, the court determines the extent of the interference on the immovable property by conducting an expert examination. If it is determined that the interference is unjustified, the court will order the immediate removal of the interference. In some cases, even before the court decision is finalized, a precautionary injunction may be taken to protect the immovable property.
A lawsuit for the prevention of expropriation can also be filed in cases where public institutions use an immovable property in violation of the law. For example, if the state or the municipality uses privately owned land without any expropriation decision, the owner of the immovable property may file a lawsuit for the prevention of expropriation and obtain the return of the immovable property.
Consequences of Ecrimisil and Prevention of Seizure Lawsuits
Consequences of the Ecrimisil Case
As a result of an action for compensation, the court may sentence the wrongful occupier to pay compensation. An amount of compensation is determined by taking into account the duration of occupation, the rental rate of the immovable property and whether the occupation was malicious. This judgment provides significant financial compensation for the owner, while at the same time encouraging the lawful use of the immovable property.
However, the important point in the ecrimisil case is that the owner should initiate the legal process as soon as he/she learns about the unfair occupation. This is because a retroactive claim can only be made for 5 years. Therefore, it is of great importance to apply for legal remedies immediately upon realization of the occupation.
Consequences of the Action for Prevention of Seizure
A lawsuit for the prevention of seizure is a lawsuit that secures the right of ownership of immovable property. By deciding to eliminate the unjustified interference, the court ensures that the property right of the owner of the immovable is fully protected. If the lawsuit is filed against expropriation without expropriation, the court may order the return of the immovable property or compensation to the owner.
In some cases, if the wrongful interference continues, the court may issue an interim injunction to stop the interference immediately. In such cases, it is of great importance to start the process quickly in order to protect the rights of the immovable property owner.
Ecrimilisil and anti-seizure actions are important legal instruments used to protect the right to property. These lawsuits aim both to compensate the financial losses of the immovable property owner and to eliminate unlawful interventions.
In order to ensure the protection of property rights, it is of utmost importance that right holders follow the legal process well and seek the support of a specialized legal expert when necessary.
