If an individual resides in a property without the consent of the owner, this individual would be considered a squatter and is therefore protected by “Squatters’ Rights”. Whether you are a squatter or you own property in which you have recently become aware of squatting taking place, there are a multitude of factors that can impact who has a right over that property.
What are “Squatters’ Rights”?
The main facet of what is called “Squatters Rights” is the right for a squatter to apply for ownership of a property if they have lived there for over 10 years, and in some (albeit limited circumstances) up to 60 years. They can apply to the land registry which will then notify the property owner. The property owner can then choose to approve or challenge the request. If no objection is raised, the squatter becomes the new owner of the property.
“Squatters’ Rights” protects the squatter from being unlawfully evicted, it also protects squatters from the use of force or threats of force to remove them from the property. Squatters can also oppose forced entry by anyone without legal authority to do so. It is worth keeping in mind that claims against groups of squatters are becoming increasingly commonplace and it is therefore crucial that you understand your responsibilities at an early stage.
Is it legal to remove a squatter from my property?
If you wish to evict a squatter from your property you can apply for a Possession Order, this requires that a trespasser leaves a property, and allows the opportunity for bailiffs to be instructed to remove the trespassers. You must not attempt to remove the squatters yourself, instruct somebody to remove the squatters, or enter the building in which the squatters are residing, as this may result in a claim for unlawful eviction, which in itself carries criminal penalties.
If the squatter first entered the property with your permission (as a tenant for example) but now refuses to leave or has stopped paying rent, you must serve them notice, and in most cases, go to court to evict them.
How do “Squatters’ rights” apply in Commercial Property?
If someone is squatting in a commercial building or on a plot of land, the potential remedies available to you may be broader. If trespassers have entered onto commercial property, you may be able to apply for an Interim Possession Order, if granted, this requires that the squatters leave within 24 hours and imposes criminal sanctions for refusing to leave. It is vital with this type of claim that you act quickly, as the Court impose a strict 28-day time limit to bring a claim. Furthermore, in such cases the court may also choose to “start the clock” at a time when it is deemed that you should have had knowledge of the trespassers.
Although squatters on commercial property cannot be arrested for trespassing, they can be reported if they have committed one of the following offences:
- Incorrectly disposing of litter on the site
- Using gas or electricity without permission
- Damaging the property
- Stealing from the property
Contact our experts
Our property dispute solicitors are highly experienced in trespass claims, including those brought against persons unknown, and are on hand to help you navigate any tricky legal issues that arise around your property, or that which you may believe you have a claim to.
If you would like to speak to one of our team, give us a call at 0161 969 3131 or fill in our contact form and one of our colleagues will be in touch at the earliest opportunity.