How is Ecrimisil Compensation Calculated? What You Need to Know
Ecrimisil is a type of compensation that must be paid to the owner of a real estate in the event of unjust occupation of the real estate without the consent of the owner. In this article, we will discuss the legal definition of ecrimisil, how it is calculated, and the application process.
1. What is Ecrimisil?
Definition: Ecrimisil is a compensation lawsuit that the owner or rightful owner of the real estate can file against the person who occupies his property without his consent. This compensation is considered to be the rental fee of the occupied real estate, but it is not a rental fee. Whether the occupier is in good faith or not can affect the amount of compensation.
For example: A field owner can file an ecrimisil lawsuit against the person who occupies his field and demand compensation for the damages arising from the unjust use of the field.
2. Legal Basis for Ecrimisil Compensation
The legal basis for ecrimisil compensation is included in legislation such as the Turkish Civil Code and the Zoning Law. In cases of unjust occupation, the owner is granted the right to take back his property, as well as the right to claim the unjust use of the property during the occupation.
3. Criteria Considered in the Calculation of Ecrimisil
Ecrimisil compensation varies according to the characteristics of the occupied real estate. The following criteria are taken into consideration when making the calculation:
Location of the Real Estate: Ecrimisil is calculated according to the comparable rental prices of the location where the real estate is located. The calculation will be different for a workplace located in the city center and a field located in a rural area.
Term of Use: Ecrimisil is calculated according to how long the real estate has been unjustly occupied. The longer the term of use, the higher the compensation amount.
Usage Method of the Real Estate: It is important whether the real estate is used as a commercial area, agricultural land or residence. Ecrimisil compensation is generally higher in commercial areas.
Example: A high ecrimisil can be calculated for a shop unjustly occupied in an urban area, taking into account rental values. However, if the same shop is located in a rural area, a lower compensation may be in question.
4. The Compensation Calculation Process
The compensation calculation is made by taking into account the local market conditions of the region where the real estate is located. The calculation is usually made by taking into account expert reports and current rental prices in the real estate market:
Step 1: Determining the Comparable Rental Price: The rental prices of similar properties in the area where the real estate is located are examined. This allows an amount such as the monthly rental price of the real estate to be determined.
Step 2: Determining the Duration of Use: The period of unfair occupation is clearly determined. This period is multiplied by the monthly rental price and the total compensation for unfair occupation is calculated.
Example: If it is determined that a workplace located in the city center has been unfairly occupied for 12 months and the monthly rental price is determined as 10,000 TL, the compensation for unfair occupation is calculated as 120,000 TL.
Step 3: Additional Factors: If the unjust occupier has reduced the value of the real estate or caused damage, the compensation amount may be increased.
5. How to File an Ecrimisil Case?
Application: The request for Ecrimisil is made to the civil court of peace of the place where the real estate is located. The court may request an expert report on the duration of the unjust occupation and the use of the real estate.
Evidence: It is important to prove that the real estate was unjustly occupied in the case. Notarized notices, witness statements and land registry records can be used to document the duration of occupation.
Expert Review: The court may request an expert to assess the rental price and usage of the real estate. The expert’s report plays an important role in calculating the ecrimisil compensation.
6. Difference Between Ecrimisil and Good Faith
Good Faith Occupier: If the occupier thinks that he/she is using the real estate based on consent and can prove this situation, the compensation may be lower. For example, if the property owner has declared that they have permitted the occupation, the amount of the levy may be reduced.
Malicious Occupant: If the occupier uses the real estate in bad faith, that is, knowing that the owner does not consent, the levy compensation may be calculated higher.
For example: If a business owner establishes a parking lot on land that does not belong to them without permission, they are considered to have occupied it in bad faith and the levy amount may be high.
7. Can the levy compensation be objected to?
If the levy compensation is found to be high, the occupier may object to the court. In this case, a new expert examination may be requested. In addition, objections regarding the duration of the unjust occupation or the conditions of use may be raised.
8. Failure to Pay the levy compensation
If the levy compensation is not paid, the property owner may initiate a seizure process and request the collection of the compensation. The occupier may face the risk of having his/her assets seized by a court decision.
9. The Relationship Between Ecrimisil and Lease
Ecrimisil should not be confused with rent. While rent is based on a consensual contract between the parties, ecrimisil is a use that is against the consent
is also compensation paid to the owner of the property. A compensation for unjust use of any real estate without establishing a lease can be claimed.
Example: Establishing a commercial enterprise on a land without making a lease agreement with the owner of the land can be subject to an unjust lawsuit.
