Ecrimisil is a claim for compensation arising from the unauthorised occupation or use of immovable property. It may be pursued by an owner or, in appropriate circumstances, a co-owner whose right of use has been infringed.
The legal conditions depend on the relationship between the parties, the nature of possession and the claimant’s prior conduct. In co-ownership and inheritance disputes, the requirement to exclude the other co-owner from use or to give prior notice may be particularly important, subject to recognised exceptions.
The amount is generally assessed by reference to the property’s characteristics, comparable rental values, the period and manner of use and other circumstances. Expert evidence is commonly obtained.
A formal notice may be important both to establish opposition to the continued use and to determine the period for which compensation may be claimed. Its necessity and content should be assessed in light of the facts.
Limitation rules and the starting date of the claim may affect the recoverable period. Delay can therefore result in loss of rights.
Land-register records, succession documents, correspondence, notices and evidence of actual use should be collected before proceedings. As ecrimisil claims are highly fact-sensitive, the requirements should be evaluated on a case-by-case basis.