WHAT IS ECRIMISIL, HOW TO OPEN THE CASE?

 

Investors who buy and invest in buildings in Turkey sometimes face a bad situation. Situations such as the occupiers' use of an area contained within the region purchased by the investor and the occupation of land and land by others prompt investors to seek their rights. Investors faced with such situations continue to research how to compensate for the loss of rights they suffered by removing the occupiers from the territory they occupied and using that territory.

 

With 2 clicks, we have prepared content to provide guidance on which cases people and institutions confronted with such professions should file, the process of the procedure, the details taken into account in the compensation calculation, the difference between the Ecrimisil case and the rental price, and the average duration of the process. If you are also facing such an invasion situation, you can check the content we have prepared and make sure your rights are protected by getting help from an experienced lawyer.

 

 

WHAT IS ECRIMISIL?

 Ecrimisil means using a property without a permit. Ecrimisil, also known as unfair professional compensation, is the use of a property without the permission of the owner or manager. The assertion of damages, regardless of whether the owner has suffered damages due to misuse or whether the resident is at fault, is possible thanks to the compensation from ecrimisil.

 

Compensation may be required for the use or rental of a building or part of an apartment. This can also happen when using a property or field. If the person is prevented from using their land or field, compensation is to be paid in proportion to the land share.

WHAT ARE THE CONDITIONS OF THE ECRIMISIL COMPENSATION?

For Ecrimisil damages, the unauthorized use of a building, the construction of an area without a permit, the continuation of use without a contract between the two parties despite the expiration of the lease in the leased cases, or the occupation of part of the leased property on the condition that it is in the public service is used.

The main purpose of Ecrimisil lawsuits is to seek compensation for occupation caused by improper use of property. At the end of this process, the goods should be returned to the original owner. Ecrimisil claims do not take into account whether or not the owner has suffered damage and the calculation is based on the income from the property.

The first thing you must do before filing an Ecrimisil case is to alert the person or entity in occupier status. A lawsuit will be filed in the civil courts of first instance in the city where the Ecrimisil case is located. The commissioned expert determines the rental price of the property. This amount, calculated by the expert, will be accepted as the amount of compensation. Professional compensation can be drawn retrospectively for a maximum of 5 years.

WHAT IS THE DIFFERENCE BETWEEN ECRIMISIL AND THE RENTAL PRICE?

What is the difference between Ecrimisil and the rental price is one of the most researched topics. After the rental agreement has been concluded between the two parties, the rental fee will be charged. With Ecrimisil, on the other hand, there is no contract. In the agreement reached, one of the two parties makes periodic rental payments to the other and in the case of ecrimisil, the retrospective amount is collected as no payment is made. In the event of non-payment of rent, Law No. 2004 is governed by the provisions of the Act and Ecrimisil is governed by the provisions of Law No. 6183. Civil courts of first instance operate in Ecrimisil cases. If the property is owned by the administration, an action for annulment of the administrative act is filed with the administrative court.

HOW DOES THE PROCESS WORK IN THE ECRIMISIL CASE?

It is important that people opening an ecrimisil case first seek help from a lawyer who is an ecrimisil case expert. Negligence or overlooked elements during the legal process can result in the property owner being treated unfairly as a result of the litigation, despite being right. In the Ecrimisil case, the person or entity that owns the property must first determine how long the resident has been using that property unlawfully. Gathering evidence is also one of the duties of a lawyer. Evidence gathering by attorneys in Ecrimisil cases is among the factors that directly affect the plaintiff's outcome. The people who determine the actual outcome of cases are the experts.

HOW TO CALCULATE THE ECRIMISIL AMOUNT?

After opening the Ecrimisil cases, the experts conduct investigations and discoveries on the ground. As a result of this study, the amount of compensation is determined by the type of immovable property of employment.

In the calculation by the experts, the properties of the property are first determined. After determining these properties, the values ​​​​of similar properties are taken into account. The profit and utility value to be achieved by the owner of the property is calculated.

The period to be taken into account when calculating the compensation amount is also calculated back to five years. If the useful life of the property is less than five years, the useful life is calculated up to the date of the claim and the amount of compensation is finally determined.

The role of lawyers is also great in discovering and examining experts. It should be noted that experts can create legal defects. In such cases, lawyers must submit an application to the court to remedy the deficiencies. In addition to the price to be paid during the occupancy times, the interest on this price must also be paid. Interest is calculated in stages according to the end of the year and period. In order for this process to be carried out correctly, it is important that lawyers work diligently.

The Ecrimisil compensation calculation also calculates the potential income of the resident. In addition, the expenses to be made for the property can be added to the compensation price and paid to the resident.

HOW IS THE ECRIMISIL AGRICULTURAL LAND PRICE CALCULATED?

With the occupation of agricultural land, Ecrimisil cases are opened. The calculation is based on the official data of the products obtained from the region subject to ecrimisil. The calculation also takes into account whether the property is vacant.

HOW LONG DO ECRIMISIL CASES LAST?

The average duration of Ecrimisil cases is 2 years. This process varies depending on the specifics of the taxable property.

WITH 2 CLICKS WE ARE READY TO SERVE YOU

 

As 2 Clicks, one of the leading companies managing the property buying process in Turkey, we answer all the questions that foreigners have about the properties they want to buy, prevent potential problems and provide information with situations like occupation. You can also contact us to benefit from the services we offer and after the meeting you can find answers to your questions.

 

Türkmen Mahallesi, Saçıkara Sokak, B-Block NO. 21 B, Kuşadası-Aydın, Turkey. You can reach our company based in Turkey on phone number +90 (544) 443 46 24 and quick call via WhatsApp. You can send an email to 2Clicks.io via [email protected] and get detailed information about our work.

 

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