Unauthorized Occupation of Treasury Land and the Ecrimisil Procedure 

In Türkiye, when state-owned real estate—especially Treasury land—is occupied without legal authorization, the public administration may demand ecrimisil, a form of unjust occupation compensation. This article outlines the legal definition of ecrimisil, its procedural requirements, dispute mechanisms, and the rights and obligations of individuals who unlawfully use public land.

What Constitutes Unauthorized Use of Treasury Land?

The unauthorized use of real estate owned by the Treasury without any lease, easement, or allocation agreement constitutes unlawful occupation. The person using the land in this manner is legally termed a “fuzuli şagil” (unlawful possessor or encroacher). In such cases, the Treasury is entitled to claim compensation—called ecrimisil—without needing to prove actual damage.

Legal basis:

• Article 84 of the Regulation on the Administration of Treasury Real Estate
• Court of Cassation, 1st Civil Chamber, Decision No. 2023/2246: “Ecrimisil is a type of compensation for unlawful occupation arising from the use of real estate without the owner’s consent, based on bad faith.”

What Is Ecrimisil?

Ecrimisil is compensation payable to the rightful owner or public authority for the unauthorized use of a property. Unlike rent, ecrimisil is not based on consent or contract, but on bad faith use. It is applicable even if the property owner suffers no financial loss.

Ecrimisil may be claimed in the following cases:

• Use of Treasury land without legal right
• Continued use after a lease or right has expired
• Use of areas beyond those permitted by a lease agreement

Legal Conditions for Claiming Ecrimisil

The public administration may demand ecrimisil if the following conditions are met:

1. The real estate is public property (e.g., owned by the Treasury, municipalities, or special provincial administrations).
2. The individual has no legal right to use the property.
3. Bad faith is presumed—meaning the user knew or should have known the property was not theirs.
4. The demand must be made within a 5-year statute of limitations period.

How the Ecrimisil Process Works

1. Detection and Notification

The General Directorate of National Property (Milli Emlak) inspects the land and prepares a Land Occupation Report. The ecrimisil amount is then determined and an Ecrimisil Notice is officially served on the occupant.

2. Objection and Correction Request

Recipients may submit a written objection within 30 days of receiving the notice. The administration must respond within 30 days. If it accepts the correction request, a Revised Notice is issued within 15 days.

3. Payment and Discounts

• A 20% discount applies if no objection is filed.
• An additional 15% discount applies for full payment in advance.
• Unpaid ecrimisil amounts are collected as public receivables under Law No. 6183 (Law on the Collection of Public Receivables).

Ecrimisil Litigation: Filing a Lawsuit

If the objection is rejected or the ecrimisil amount is deemed excessive or unlawful, the individual may file a lawsuit.

Competent Court:

• Administrative Court: for challenging administrative acts (e.g., the notice itself)
• Civil Court of First Instance: in private law disputes initiated by the Treasury

Statute of Limitations:
Ecrimisil claims can only cover the previous 5 years from the date of detection.

Rights of the Person Who Pays Ecrimisil

• Paying ecrimisil does not legalize the occupation or establish a right of use.
• It does not entitle the occupant to a lease, usage permit, or preferential purchase rights.
• The public authority retains the right to demand eviction at any time.

Summary Table: Key Aspects of the Ecrimisil Procedure

The ecrimisil process is highly technical and subject to strict deadlines. Failure to comply with notice periods or procedural requirements may lead to significant financial liability or forced eviction. Therefore, individuals or entities involved in disputes concerning the unauthorized use of public land should seek legal representation at an early stage.

At Türeli&Ceylan Law Firm, we provide legal advisory and litigation services at every stage of the ecrimisil process, including administrative objections, settlement negotiations, and court proceedings.