Ecrimisil (Compensation for Unjust Occupation) — Conditions and Calculation

An ecrimisil action is a claim for compensation for unjust occupation against a person using an immovable without right. Learn about the conditions for ecrimisil, methods of calculation, limitation and the burden of proof under TMK Art. 995.

Ecrimisil is compensation for unjust occupation that may be claimed from a person who uses or occupies an immovable without a valid basis. The principal statutory basis of ecrimisil in private law is Article 995 of the Turkish Civil Code, which governs the mala fide possessor's obligation to restore and to compensate; the scope of the institution has been shaped by case law. As one of the legal remedies available to an owner against a person using their property without right, an ecrimisil claim may arise under different legal regimes in co-ownership and succession relationships, in neighbour disputes, in terminated lease relationships and in the occupation of Treasury immovables.

The Concept of Ecrimisil and Its Legal Basis

Ecrimisil is the special compensation claimed from a mala fide possessor who uses another's immovable without a just and valid reason, in respect of the use of which the owner has been deprived and the loss suffered. The land register being open to inspection does not automatically make everyone mala fide; whether the possessor knew or ought to have known that they had no right is assessed together with any contract, family or co-ownership relationship, and any warnings given.

Conditions for an Ecrimisil Action

Certain conditions must be met before an ecrimisil action can be brought. These are the legal requirements the court will look for before upholding the claim. If they are not met, the action may be dismissed.

The first condition is that the claimant holds ownership or another right over the immovable enabling them to claim ecrimisil. In co-ownership in shares, a co-owner may claim to the extent of their own right and of the obstruction of their use. In joint ownership, for a claim belonging to the estate, the conditions as to the community of heirs acting together or being represented are observed; the extent to which one heir may apply alone by way of a protective claim for the benefit of the community is examined separately by reference to the relief sought and TMK Art. 702/4.

The second condition is that the defendant uses the immovable without a valid basis such as a contract, a statute or a right in rem. Where a lease has validly terminated and the user no longer has any right to retain the immovable, the legal nature of a claim for rent or ecrimisil for the subsequent period is determined by the manner of termination and the parties' conduct. The third condition is that the defendant is a mala fide possessor. For the purposes of TMK Art. 995, bad faith means that the person knew, or ought in the circumstances to have known, that they had no right of use. Although the openness of the land register is an important fact, it does not of itself automatically make everyone mala fide; any contract, family or co-ownership relationship, permission, warning and the origin of the use are assessed together.

Methods of Calculating Ecrimisil

The calculation is made on a period-by-period basis with the assistance of an expert, having regard to the character and location of the immovable, the manner of use, comparable rents or crop income, the period of occupation and the benefit of which the owner was deprived. The statute lays down no fixed minimum such as “at least the rental value”. For agricultural land, crop yield and expenditure may be taken into account; for commercial use, comparable income and the specific earning capacity.

Limitation Period

In settled practice ecrimisil is claimed for a period of five years retrospectively. This period is not applied by the judge of the court's own motion; if the defendant pleads limitation, the claim for the period earlier than five years is dismissed. It must not be confused with the two-year and ten-year tort periods in TBK Art. 72. Bringing an action or enforcement proceedings may produce interruption under TBK Art. 154; a mere warning that “I will bring an action” does not interrupt limitation, though it may be effective as to default and interest.

The Burden of Proof

The burden of proof in an ecrimisil action rests as a rule with the claimant, who must prove that they are the owner of the immovable, that the defendant used it without right, and that the defendant was a mala fide possessor. Under HMK Art. 190 the party making an assertion must prove it.

The land registry record is the official record showing the owner of a registered immovable. For an unregistered immovable, or in a dispute in which correction of the register is sought, possession, allocation and other legal facts must be separately proved.

Use without right may be proved by lawfully obtained witness statements, an inspection, photographs or video, lease and payment records, a warning, a declaratory determination and an expert examination. The start and end dates of the use and its extent directly affect the period claimed.

In proving bad faith, the land registry record, the relationship between the parties, any earlier permission or contract, service of a warning, the arrangements for shared use and the nature of the occupation are considered together. Whether the immovable is registered or unregistered does not of itself determine the outcome.

Ecrimisil Between Co-owners

For a co-owner to claim ecrimisil from another co-owner, they must as a rule have objected to the use and given notice of their wish to benefit from the property (prohibition of enjoyment). Notice may not be required where the immovable yields natural produce or is let for income, where the defendant denies the co-ownership, where an action or proceedings have previously been brought over the same use, or where there is an agreement as to use. In every case it is examined whether the use exceeds the party's share.

Ecrimisil over Treasury Immovables

Treasury ecrimisil, unlike private law compensation, is a sum assessed by the administration under Art. 75 of Law No. 2886 and the National Property legislation. The determination and assessment commission, the ecrimisil notice, a request for correction, payment and eviction are separate administrative processes. The effect of an administrative application against the notice on the time limit for an action, and an action for annulment before the administrative court, are calculated under Arts. 7 and 11 of the Administrative Procedure Law.

Interest on Ecrimisil

In private law ecrimisil the starting point for interest is determined by the claim, the end of the periods, default and the request in the statement of claim; there is no single rule that it runs from the date of the action or from the date of a warning. The general statutory interest rate was 24 per cent per annum between 1 June 2024 and 30 July 2026 and is 31 per cent per annum from 31 July 2026; the rate in force at the relevant time applies to each period.

Ecrimisil and the Lease Relationship

Ecrimisil and rent are different. Rent arises from a valid contract; ecrimisil arises from use without right after any just and valid basis for use has ceased. The expiry of the term written in a lease does not always end the right of use as regards the lessor, particularly in residential and roofed-workplace leases (TBK Art. 347). Ecrimisil or use compensation may be claimed from a former tenant only where the lease has validly terminated and the tenant no longer has any right to retain the immovable; the start date and the legal nature of the claim are determined by the reason for termination and the specific facts. The concept of unauthorised occupation is defined for Treasury immovables in Art. 4 of the Regulation on the Administration of Treasury Immovables; Art. 75 of the State Tender Law No. 2886 is among the statutory bases for the ecrimisil and eviction procedure applicable to the occupation of Treasury immovables. Under that administrative regime, the assessment of ecrimisil for unauthorised use and the eviction procedures are carried out under separate procedures.

Comparable rent may be an important datum in calculating ecrimisil; but the statute lays down no invariable minimum of “at least the rental value”. The actual manner of use of the immovable, its crop or commercial earning capacity, the period of use and the benefit of which the owner was deprived are assessed by an expert on concrete data.

Competent Court and Venue

Subject-matter jurisdiction is determined by the legal basis of the claim. Ecrimisil actions that are purely claims for compensation for unjust occupation are as a rule heard by the civil court of first instance; disputes over use compensation or occupation compensation arising from a lease relationship may be heard by the civil court of peace under HMK Art. 4/1-a. Where the ecrimisil claim is purely a monetary claim, the exclusive venue rule for actions concerning rights in rem over immovables in HMK Art. 12 does not apply; general venue (HMK Art. 6) and, where the conditions are met, the venue rules for torts (HMK Art. 16) are assessed.

In ecrimisil disputes concerning Treasury immovables, the administrative courts have jurisdiction. An action for annulment of an ecrimisil notice assessed administratively is heard by the administrative court of the place where the immovable is situated.

Points to Bear in Mind in Bringing an Ecrimisil Action

Certain points must be attended to for an ecrimisil action to succeed. First, it is of considerable importance that the start date of the unjust occupation be correctly established and documented. Obtaining a determination through a notary before the action provides strong protection in terms of securing evidence.

In ecrimisil between co-owners, the rule as to prohibition of enjoyment and its exceptions should be checked in advance. Notice is not given only by a notarial warning; other facts by which the wish to benefit and the objection can be proved may also be assessed. Where exceptions apply — produce-yielding land, denial of the co-ownership, an earlier action or proceedings — a warning may not be required.

The ecrimisil period claimed must be expressly stated in the statement of claim. Having regard to limitation, the claim should be made for a period of at most five years back from the date of the action. If a claim is made for periods earlier than five years, that part will be dismissed upon the defendant's plea of limitation.

In most files the amount of ecrimisil is determined by an inspection and an expert examination. HMK Art. 107 was repealed on 31 July 2026; it continued to apply to actions brought before that date. In new actions the claim must be framed as a full or a partial action. Where only part of the claim is sued for, under the new HMK Art. 109/4 the claim may be increased once in the same action until the close of the investigation stage, and limitation is deemed to have been interrupted at the date of the action in respect of the increased part. The consequences as to court fees and interest are also observed.

In conclusion, the ecrimisil action is an important legal instrument in protecting the right of ownership. Owners of immovables subject to unjust occupation may claim compensation by bringing an action within the five-year limitation period. Gathering the right evidence, observing the limitation periods and obtaining legal support from a specialist attorney are of considerable importance to the success of the action.

This article has been prepared for general information purposes and does not constitute legal advice. In specific disputes, professional legal support must be obtained from a specialist attorney.

Frequently Asked Questions

For how many years may ecrimisil be claimed?

Five years retrospectively, where limitation is pleaded.

Does a warning interrupt limitation?

A mere warning of an intention to sue does not; the grounds in TBK Art. 154 are required.

Is ecrimisil the minimum rental value?

There is no fixed statutory minimum; the specific use and earning capacity are calculated.

What is the rate of interest?

The general statutory rate was 24 per cent per annum between 1 June 2024 and 30 July 2026 and is 31 per cent per annum from 31 July 2026; special provisions are reserved.