Occupation of your own or inherited real estates by unauthorized persons is a summary possession and this is quite common in the normal life. In this case, it is to file an evacuation action at the Civil Court of Peace without any warning against the unfair occupation. As it is known, although filing a lawsuit always brings a definite solution, sometimes the lawsuits take a long time and the desired action cannot be taken quickly.
In such cases, in accordance with the Law No. 3091 on the Prevention of Infringement of Immovable Property Possession, it may be requested from the administration to take a decision to prevent infringement against persons who use, forcibly occupy or make changes to the immovable without the permission and consent of the owner.
If an immovable is occupied in this way, it is possible to apply to the competent administrative authority within 60 days of learning that this intervention has been made to the immovable property. However, the application to the competent authority cannot be made after 1 year after the intervention. In Article 16 of the Regulation on the Implementation Procedure and Principles of the Law on the Prevention of Infringement on Immovable Property Possession, the competent administrative authorities are determined as follows;
“In case the immovable property is located within the borders of the central district, the governor or the deputy governor to be appointed, and if the immovable property is located in the districts, the district governors are authorized to decide on the prevention of rape or intervention. The governor may delegate this authority to only one of the deputy governors. The governor’s authorization of the deputy governor on this issue does not prevent him from making a decision when he deems necessary. In case the governor transfers his authority, the situation is stated in the task to be done between the deputy governors. “
Therefore, the administrative authority to be applied for is realized with a petition submitted to the governorship if the location of the immovable property is within the boundaries of the central district and to the district governor in other districts. With this petition, it must be proved that the applicant is the owner of the immovable, the occupation of the immovable is unfair, and the occupation is unauthorized.
Which immovables can be evacuated by administrative means is regulated in the 3rd article titled “the field of application of the law” of the Regulation on the Application Procedure and Principles of the Law on the Prevention of Infringement on Immovable Property Possession. According to this;
- Immovables owned by real or legal entity,
- Public Administrations, Public Institutions and Organizations or immovables managed by them,
- Unattended places owned or under the jurisdiction and disposal of the state,
- Regarding immovables whose interests belong to the public, an administrative decision may be made to evacuate the immovable.
The authorized person who can request the evacuation of the immovable by petition is the possessor of the relevant immovable property or its legal representative. If the possessor is more than one, it is sufficient for one of them to apply.
Persons authorized to make decisions and assigned officers conduct physcal site visit examinations and investigations at the location of the immovable property. The assigned civil servant listens to the witnesses of the parties, and if deemed necessary, neutral persons, mukhtar, board of elders, public institution officials can be heard. Examination and investigation are concluded within 15 days at the latest. If the decision made as a result of the administrative application is found to be unlawful, an application can be made to administrative justice.
If, as a result of the examination and investigation, it is determined that the immovable property has been occupied unjustly, an executioner is assigned for the requirement of the decision. The executioner hand over the immovable to the possessor by removing the unjust occupying person from the immovable property and to prevent the rape within 5 days from the date of delivery of the file to him.
If the person decided to leave the immovable property rapes the same immovable property for the second time and creates an unfair occupation situation again, the person is sentenced to imprisonment from 3 months to 1 year.
The most important point in the relevant applications is that if there is a lawsuit filed against the administrative real estate or an injunction decision on the immovable, the application will not be evaluated.
The documents required for the application for the evacuation of the person who invaded unfairly from the immovable property are:
- Application petition
- An example of the title deed for the real estate
- Receipts of taxes (must be paid to the cashier of the authority to be applied.)