Unjust Occupation Compensation
WHAT IS UNJUST OCCUPATION COMPENSATION?
Unfair occupation compensation is a compensation that is awarded as a result of a lawsuit against a person who disposes of an immovable property without permission and authorization. The reason for the award of this compensation is that the person who uses the property unfairly uses the property without the consent of the plaintiff and is not in good faith. It does not matter whether the owner has suffered a loss in the use of the immovable property or whether the occupier is at fault in terms of compensation.
Unfair occupation compensation, which is mostly encountered in problems between heirs today, arises when the inheritance is used by some heirs before the inheritance is passed to the heirs or before the division is made, and the other heirs cannot benefit from it. In this case, those who cannot use the immovables subject to inheritance should demand the unfair occupation fee from those who actually use them.
In order to claim unfair occupation compensation, the person who is in unfair occupation does not necessarily have to be a third person, and there is a claim for unfair occupation compensation even among the heirs.