Occupation Compensation and Removal of Interference
Two claims are brought together against a person using a property without permission: an order stopping the use, and compensation for the period of unauthorised occupation.
An action for removal of interference stops unauthorised interference with a property (Turkish Civil Code art. 683). Occupation compensation (ecrimisil) is compensation for the income the owner was deprived of during the unauthorised use, and in practice it may be claimed for the preceding five years. The two claims can be brought in the same action. Where the property is in shared ownership, a co-owner claiming ecrimisil from another co-owner must as a rule first have notified the other of an intention to use the property.
Compensation for unauthorised use of a property, and an order stopping the interference.
The detailed treatment of this subject, with the statutory references and the time limits, is published in Turkish. We have not machine-translated it: in a legal text an inaccurate translation creates real risk. If you would like this subject explained in English, say so when you book and we will go through it with you.
This page is general information only and does not constitute legal advice. Prepared in line with the Union of Turkish Bar Associations’ advertising restrictions. This English text is a courtesy translation; in case of any discrepancy the Turkish text prevails.