Ministry of intervention is a type of lawsuit filed against the person who unjustly interferes with the owner's property. Ecrimisil is the compensation of the rent/use fee deprived by the owner during the occupation.
The Semen Case of Intervention
The owner requests that the intervention of the person who occupies his immovable property unjustly be terminated and that it be returned to its former state. Legal basis TMK art.683 and art.687.
Ecrimisil (Unnecessary Occupation Compensation)
It is compensation for the benefit that the owner could not obtain during the occupation period. The court calculates it on the basis of monthly precedent rent by an expert.
Request Duration
A retroactive period of 5 years may be requested for Ecrimisil (TBK Art. 146 statute of limitations).
Plaintiff and Defendant
- Plaintiff: Malik (each stakeholder alone in shared ownership)
- Defendant:The person who actually uses/occupies the real estate
Supreme Court 14th HD Approach
The 14th HD of the Supreme Court of Appeals emphasizes that the compensation should be calculated by considering the "precedent rent + the quality and quantity of the occupation" together, and that the purely theoretical rent amount is insufficient. Expert report is mandatory.
The Supreme Court of Appeals HGK states that remuneration may be requested for immovable property used in common ownership without the consent of other stakeholders, but a "condition of prohibition of usufruct" will be required. In other words, the owner must have notified the other one to "stop using it".
Jurisdictional and Competent Court
- The basis of the intervention: Civil Court of First Instance
- Ecrimisil: Civil Court of First Instance (where the real estate is located)
The lawsuits for semen and ecrimisil of the intervention can be filed in parallel; Your case will be concluded effectively with real estate law lawyer.