When One Heir Uses the Inherited Property Alone
A house inherited from a parent often remains in the use of only one of the heirs. A sibling living in Turkey may occupy the house, a holiday home may be used by a single family, or a shop may be run by one heir alone. Heirs who live abroad and hold an inheritance share in Turkey, by contrast, may receive no benefit from these properties for years.
In such cases, the relevant remedy under Turkish law is ecrimisil (literally “adequate pay”), a claim for compensation for the unlawful occupation of real property. In the remainder of this article, this claim is referred to as ecrimisil. This article explains the conditions under which co-heirs may claim ecrimisil from one another and how the proceedings are conducted.
What Is Ecrimisil?
Ecrimisil is compensation claimed from a person who uses real property belonging to another without the owner’s consent. It is not governed by a specific statutory provision; it has been shaped largely by the case law of the Turkish Court of Cassation (Yargıtay). The compensation is calculated on the basis of the market rent for the period during which the property was used.
Between heirs, ecrimisil arises in two situations:
- Where the estate has not yet been partitioned (joint ownership – elbirliği mülkiyeti): The property has been registered in the names of the heirs, but their individual shares have not been separated. Under joint ownership, the heirs do not hold separately defined shares in the property; the property as a whole belongs to all heirs collectively. Consequently, no heir may sell or mortgage the property or their inheritance share alone; acts of disposition require all heirs to act together. This community arises automatically upon the death of the deceased and continues until the estate is partitioned or converted into co-ownership in shares.
- Where the shares have been separated in the land registry (co-ownership in shares – paylı mülkiyet): Each heir holds a defined share in the land registry. Each co-owner is regarded as the owner of their own share and may sell, donate or mortgage it without the consent of the others. Transactions concerning the property as a whole, however, require the participation of the other co-owners. Joint ownership may be converted into co-ownership in shares by agreement of the heirs or by court decision.
In both cases, the other heirs may claim ecrimisil, in proportion to their shares, from the heir who uses the property alone.
Who May Bring the Claim?
All heirs do not need to act together to bring an ecrimisil claim. Even where the estate has not been partitioned, an individual heir may bring the action alone, without the consent of the others and without waiting for a representative of the estate to be appointed. The claimant does not claim the entire compensation, but only the portion corresponding to their own inheritance share. The defendant is the heir who actually uses the property.
To establish their status as an heir, the claimant needs a certificate of inheritance (veraset ilamı) and a current land registry record. Our guide to the certificate of inheritance in Turkey explains how this document is obtained.
Prerequisite: Notice of the Wish to Use the Property (İntifadan Men)
This is the most important requirement in ecrimisil claims between heirs. Each co-owner has the right to use the common property; the use of the property by one heir is therefore not in itself unlawful. Unlawfulness arises where an heir continues to use the property even though another heir has given notice that they also wish to benefit from it. The Court of Cassation refers to this notice as intifadan men (exclusion from use).
Notice of exclusion from use may also be given orally; for evidentiary reasons, however, it is generally served in practice as a formal notice through a Turkish notary. As a rule, ecrimisil may be claimed from the date on which the notice is served on the other party; claims for the period before the notice are dismissed. Serving the notice at an early stage therefore prevents a potential loss of rights.
Cases in Which No Prior Notice Is Required
In certain cases, the Court of Cassation does not require exclusion from use. In these situations, ecrimisil may be claimed retroactively from the date of the action without waiting for a notice:
- The property has been leased: Where one heir leases the house or shop and collects the rental income alone, the exception to the notice requirement may apply. This is the most common situation in practice. However, the mere fact that the property (commercial unit, shop, residence, etc.) is suitable for leasing is not sufficient; according to the Court of Cassation, the property must actually have been leased to a third party and must be generating rental income.
“According to the settled case law of the Court of Cassation, the requirement of exclusion from use is exceptionally not applied to immovable properties that yield legal or natural fruits. However, for this purpose it is not sufficient that the property is a place capable of generating rent (a shop); it is also necessary that this rent-generating place has been leased to third parties and that income has been obtained. Where the defendants use such places themselves, the requirement of exclusion from use must be applied, and the claimant must be required to prove that it has been fulfilled.” (Court of Cassation, 14th Civil Chamber, E. 2016/9000, K. 2018/8511, 3.12.2018 – unofficial translation)
“As to the case at hand, although the court granted the claim on the ground that the property in dispute is a rent-generating place and that the requirement of exclusion from use was therefore fulfilled, since the properties in dispute were not leased but were used by the defendants themselves, and no income was obtained through leasing, it is clear that the requirement of exclusion from use applies and that its fulfilment must be proven.” (Court of Cassation, 8th Civil Chamber, E. 2019/5028, K. 2021/2939, 30.3.2021 – unofficial translation)
- The property yields natural produce: Where a single heir harvests the produce of hazelnut groves, tea gardens, olive groves or hay fields, the notice requirement does not apply with respect to the other heirs who are deprived of that income.
“Since the requirement of exclusion from use does not apply between co-owners with respect to the properties in dispute, which are hazelnut groves yielding natural fruits, there is no doubt that the conditions for ecrimisil are fulfilled in favour of the claimant.” (Court of Cassation, 7th Civil Chamber, E. 2022/60, K. 2023/1179, 28.2.2023 – unofficial translation)
- A business of the deceased is being operated: Where one heir alone operates a business left by the deceased, or a business that generates income in its own right, the other heirs may claim ecrimisil without serving prior notice.
“Therefore, as also accepted by the court, considering that the defendant generated income by using the entirety of the properties in dispute as a car park and that there is no area that the claimant used or could use, it is clear that the requirement of exclusion from use does not apply.” (Court of Cassation, 7th Civil Chamber, E. 2023/4045, K. 2024/3514, 13.6.2024 – unofficial translation)
- Proceedings have already been initiated: Where an action for prevention of interference, a partition action or an ecrimisil action has previously been brought, or enforcement proceedings have been initiated, concerning the same property, no separate notice is required; the action or proceedings serve as notice.
“Likewise, where, as a result of a use agreement between the co-owners, the common property or the parts of it to be used by each co-owner have been determined, or where the claimant co-owner has brought an action for prevention of interference, a partition action, an ecrimisil action or a similar action against the defendant co-owner concerning this property, the requirement of exclusion from use does not apply.” (Court of Cassation, 8th Civil Chamber, E. 2018/6011, K. 2019/123, 8.1.2019 – unofficial translation)
- There is a use agreement: Where the heirs have agreed which part of the property each of them will use, and one heir uses a part allocated to another in breach of that agreement, the notice requirement does not apply.
“As to the case at hand, although the court dismissed the ecrimisil claim on the ground that the defendant had not been given notice, since there is a partition agreement concluded between the parties on 23.08.1982, exclusion from use is not required. The court should therefore also have granted the claimant’s ecrimisil claim.” (Court of Cassation, 8th Civil Chamber, E. 2019/4295, K. 2019/8064, 25.9.2019 – unofficial translation)
- The defendant denies the rights of the others: Where the heir using the property claims that the whole property belongs to them, or refuses to recognise the others as heirs, no separate notice is required, since this conduct already amounts to a denial of the other heirs’ right of use.
- The property is public property: Where the claimant is a public body such as the Treasury or a municipality and the property qualifies as public property, exclusion from use is not required. This exception rarely arises in disputes between heirs.
Before Filing: Is a Part of the Property Available for Your Own Use?
One ground for dismissal is frequently overlooked: where the claimant heir uses, or could use without objection, a part of the property corresponding to their share, the Court of Cassation will not entertain the ecrimisil claim.
For example, if one sibling lives on one floor of an inherited two-storey house while the other floor remains available to the sibling living abroad during holidays, the latter’s claim is likely to be dismissed. An heir who considers that they use less than their share is expected to resolve the matter through a partition action rather than an ecrimisil claim.
Defendants also frequently argue that a de facto division exists between the heirs and that no one has been prevented from using the property. Before filing, it should therefore be established with evidence how the property is actually used, who has access to which part, and how the claimant has been prevented from using it.
Time Limit and Calculation
- Time limit: Ecrimisil may be claimed for a maximum of 5 years preceding the date of the action. This limit is based on a 1938 decision of the Court of Cassation on the unification of case law. Where notice is required, the starting point is the date on which the notice was served; the full 5-year period can only be claimed in the exceptional cases described above.
- Calculation: The court conducts an on-site inspection and instructs an expert to determine the market rental value. The value determined for the first period is updated for subsequent years by applying index increases. Where the property has actually been leased, the rent collected may also be taken as a basis.
- The claimant’s share: Only the portion of the total amount corresponding to the claimant’s inheritance share is awarded.
Relationship with Actions for Prevention of Interference and Partition
Ecrimisil provides monetary compensation only for past unlawful use; it does not end the use itself. It is therefore often considered together with an action for prevention of interference (müdahalenin men’i) or a partition action.
Action for Prevention of Interference
The action for prevention of interference (müdahalenin men’i, also known as elatmanın önlenmesi) serves to end unlawful interference with the right of ownership (Turkish Civil Code, Art. 683). While ecrimisil seeks compensation for past use, this action prevents the use from continuing unlawfully in the future. If a structure has been built on the property without permission, its removal may also be requested in the same action.
Points to note between heirs:
- Can it be brought against another heir? Since each heir has the right to use the common property, the mere presence of one heir on the property does not in itself constitute unlawful interference. The action succeeds where the defendant heir prevents the others from using the property, uses it beyond their share, or builds on it without the others’ consent.
- Who may bring it? Under co-ownership in shares, each co-owner may alone request the prevention of interference with the common property for the benefit of all co-owners (Turkish Civil Code, Art. 693/3). Even where the estate has not been partitioned, an individual heir may bring the action for the benefit of the community.
- Time limit: The action may be brought as long as the interference continues; it is not subject to a limitation period.
- Combination with ecrimisil: In practice, prevention of interference and ecrimisil are usually claimed together in the same statement of claim. In that case, the ecrimisil claim is also heard by the court where the property is located. The action also serves as notice of the wish to use the property for the period after it is filed.
Partition
Where the aim is to end the co-ownership altogether, the appropriate remedy is a partition action. Ecrimisil cannot be claimed within that action and must be brought separately. However, a pending partition action serves as notice of the wish to use the property from the date it is filed. Our article on partition lawsuits in Turkey explains how the action is filed, the options of division in kind and sale, and the auction rules amended in 2026.
Raising the ecrimisil claim during the mandatory mediation that precedes a partition action may allow the entire dispute to be resolved in a single agreement.
Practical Steps for Heirs Living Abroad
- Serve notice first: Through your lawyer in Turkey, have a formal notice served by a notary on the heir using the property. In most cases, the period for which ecrimisil can be claimed begins with this notice; every month of delay reduces the amount you may recover. Whether your case falls under one of the exceptions to the notice requirement should be assessed with legal advice.
- Gather evidence: Collect correspondence, photographs and witness details showing who uses the property and which parts, whether it has been leased, and how your access has been prevented.
- Grant a power of attorney: To conduct the proceedings without travelling to Turkey, you may grant your lawyer a power of attorney at the Turkish consulate in your country of residence.
- Decide on a strategy: Depending on whether you wish to keep the property or sell it and receive your share, decide which of the actions – ecrimisil, prevention of interference or partition – should be brought.
Frequently Asked Questions
Can ecrimisil be claimed before the estate is partitioned? Yes. Even where joint ownership continues in the land registry, an individual heir may bring the action alone.
My sibling lives in the house but does not collect any rent. Can I still claim ecrimisil? Yes, but as a rule you must first give notice that you wish to use the property. Compensation can be claimed for the period after this notice has been served.
My sibling has leased the house and keeps the rent alone. What can I do? In this case, the notice requirement does not apply. You may claim the share of the rent corresponding to your inheritance share for up to 5 years preceding the date of the action.
Can I claim ecrimisil if I am also able to use part of the house? Generally not. Where a part corresponding to your share is available for your use, the ecrimisil claim will be dismissed. In such cases, a partition action is the more appropriate remedy.
What happens if the use continues after the judgment? An ecrimisil judgment covers the period up to the date of the action. If the use continues, a new ecrimisil action may be brought for the subsequent period, or a partition action may be initiated.
Can ecrimisil and prevention of interference be claimed in the same action? Yes. Both claims may be brought together in the same statement of claim. In that case, the action must be filed with the court where the property is located.
How long do the proceedings take? This depends on the on-site inspection, the expert examination and the time needed for service of documents. If parties live abroad, the proceedings may take longer.
