What is an Unjust Occupation Lawsuit?
What is an Unjust Occupation Lawsuit? It is a case in the field of real estate law arising from property rights. Before starting our article, it should be noted that ecrimisil is not regulated in our current law, and the conditions and characteristics of the ecrimisil case have been shaped in light of the Supreme Court’s case law decisions. It is crucial for our citizens who want to claim compensation for unlawful occupation of property rights to conduct the process with well-equipped and experienced lawyers to obtain fair compensation and avoid loss of rights and victimization. Our law firm Gürbüz Law+ Partners, together with expert Izmir Ecrimisil Case Lawyers in our department, manages the process by drawing an effective roadmap for clients to gain compensation they can obtain due to unlawful occupation.
Ecrimisil is the compensation that can be claimed due to unlawful occupation when a third party uses the property without the consent of the rightful owner or without any legal basis. Izmir Ecrimisil Case Lawyer provides effective legal consultancy services to clients in ecrimisil cases. We recommend that you conduct the process with an Izmir Ecrimisil Lawyer with an office in Çiğli to obtain fair compensation as a result of the unlawful occupation of your property right and to avoid loss of rights. The conditions to be sought are that the person who carried out the unlawful occupation on the property did so in bad faith without any legal basis and caused damage to the rightful owner of the property. Among the frequently asked questions is “I initially consented, I was aware, can I still claim compensation?”
What is an Unjust Occupation Lawsuit?
Even if the rightful owner initially consented to the use of the property, ecrimisil can be claimed due to unlawful occupation if the consent has been withdrawn or its limits have been exceeded. Ecrimisil has been shaped within the framework of Supreme Court precedents, and in the Supreme Court’s unification of precedents decisions, its legal nature has been determined as compensation based on tort. Therefore, ecrimisil can be claimed for unlawful occupation within a 5-year period retroactively from the filing of the ecrimisil case. Izmir Ecrimisil Case Lawyer legal consultancy provides effective and dynamic legal consultancy services to its clients in retroactive compensation gains for ecrimisil and in case follow-up processes.
ECRIMISIL IN JOINT OWNERSHIP
Unlawful occupation can occur on property subject to joint ownership. The person who has a share right on the property in question may be carrying out the unlawful occupation, using the property in a way that prevents the other shareholder from using their share. In this case, the condition of deprivation of usufruct will be sought for claiming ecrimisil. It is recommended that the process be conducted with a lawyer in terms of whether the condition of deprivation of usufruct has been met or in situations where it will not be sought.
Izmir Ecrimisil Lawyer
Izmir Ecrimisil Case Lawyer manages the process for its clients in ecrimisil cases for properties subject to shared ownership, as well as providing effective legal consultancy services in case processes related to inheritance disputes. Deprivation of usufruct is the notification by the shareholder who cannot benefit from the property in joint ownership in proportion to their share to the other co-owners of the said situation. However, in some cases, the law stipulates that the shareholder can claim ecrimisil even if they do not notify of deprivation of usufruct. These are:
- If the property for which unjust occupation compensation is claimed is a vineyard, garden, or other natural product, or places like workplaces or residences that can provide legal benefits by renting
- In cases where the property for which ecrimisil is claimed in joint ownership is public property
- In cases where there is a usage agreement with other co-owners on the jointly owned property
- In cases of filing lawsuits such as partition, prevention of unjust interference, etc., against the shareholders on the jointly owned property for which unjust occupation compensation is claimed, and in case of enforcement proceedings.
CAN ECRIMISIL BE CLAIMED WITH a LAWSUIT FOR DISSOLUTION OF PARTNERSHIP?
A lawsuit for dissolution of partnership is a case heard in civil courts of peace with a simple trial procedure. A lawsuit for dissolution of partnership can be filed at any time. There is no statute of limitations in a lawsuit for dissolution of partnership. The court with general jurisdiction is competent in ecrimisil cases. Ecrimisil cannot be claimed within a lawsuit for dissolution of partnership. Filing the cases together is not procedurally appropriate. We, as Izmir Ecrimisil Case Lawyer, welcome our clients to our Izmir-based office for the effective and error-free procedural management of the case process through expert lawyers.
