Squatters Rights –
What You Need to Know

What are Squatters Rights?

Squatters rights – also known as adverse possession – materialise if a property is occupied by squatters for 10 years without a break.

If the squatters currently residing in the house or empty building have been acting as the “owners” of that property throughout that time, they may take long-term legal possession.

If the house occupied by squatters is not legally registered on HM Land Registry, the period extends to 12 years.

The process is still valid if the property has been occupied by a series of squatters. The same person does not need to have been in residence for the full 10 (or 12) year period.

However, in order to register as a property’s new owner, squatters must prove that they have acted responsibly in that capacity. For example, they may have been paying utility bills or effectively maintaining the property for an extended period of time.

What is Squatting?

Squatting is a process whereby a person – or a number of people – takes up residence in an unoccupied building without permission from the owners of the property until a certain period of time has passed.

After they have occupied the building for the necessary period of time stipulated by law, the person in question may claim ownership of the property. However, they must be able to meet certain legal requirements first.

A squat is a property in which people (known as squatters) reside without the owner’s permission.

Why Does Squatting Happen?

Squatting in residential and non-residential properties has occurred for many centuries.

One of the common reasons why people decide to squat in a property is homelessness. This can be due to unaffordable rents or having been evicted from a property or repossessed for other reasons.

Other times, squatting occurs as a form of direct social or political protest as well as for recreational motives.

Despite the massive housing shortage in the UK, there are many property owners with empty properties (many of whom do not wish to sell or refurbish).

Is Squatting Against the Law?

Squatting in a residential property is a criminal offence. The act of squatting in residential building complexes or houses may be punishable by up to six months in prison. Alternatively, squatters could face a £5,000 fine. In some circumstances, both may apply.

It is worth noting that a squatter cannot be arrested for the crime of trespassing if they first entered the property legally. For this to apply, they will need to have initially received the consent of the owner(s). For example, this may be the case if the squatter had originally been a tenant of the property and had stayed on after that tenancy came to an end.

Squatting in an unoccupied non-residential or commercial property is therefore not technically illegal. However, squatters may face police action if they have committed a criminal offence during the adverse possession process – such as vandalism.

How Can Squatters Legally Take Ownership of Properties?

In order for a squatter to claim ownership of a property, they will need to fill in an “adverse possession” form. They must also sign a “statement of truth” and send the documents to HM Land Registry.

The Land Registry will give notice to the owner of any buildings for which a squatter has made a claim of adverse possession.

The owner of that property may move to reject the claim and reclaim ownership. They may also evict the squatter with an “IPO” (Interim Possession Order) within 65 days.

If this doesn’t happen, squatters can apply again after 2 years if:

• The owner has not made any effort to remove the squatter
• The property has not been reclaimed
• The squatter remains in possession of the property.

HM Land Registry will usually then register the squatter as the owner.

If the building is not registered, the squatter must first apply to register the property with HM Land Registry. They may apply to take over as its owner by attaching their “statement of truth” to the registration form.

It is important to reiterate here that the term “squatting” or “adverse possession” refers to the occupying of property without permission.

If the resident received the owner’s permission within the required 10 years (or 12 years if the property is not registered), the act does not count as valid squatting. As a result, those involved may not claim possession of the property.

How to Get Rid of Squatters

Dealing with squatters is a very unpleasant experience. Many believe they are entitled and want to put up a fight.

To avoid the stress and hassles, some property owners simply decide to sell up through auction or private property buying company.  Here, you won’t have to worry about conveyancing fees or estate agency commissions.

However, it’s worth noting that – provided you deal with the situation early enough – the law is generally on your side.

If, for example, you discover that someone or a group of people have occupied your property without any permission the police should be the first port of call.

They will probably such that you serve a formal eviction notice. In many cases, squatters leave after such a threat of legal action. If not, an IPO can be the next best solution…

In addition to the legal abiding measures outlined above, the following preventative methods should also help:

• Always try to occupy your properties and buildings as quickly as possible
• Make sure your property is secure and hard to access
• Inspect your property regularly
• Consider using a “property guardian” service
• Install CCTV, flood lights or hire monitoring security if the size of the property warrants such measures
• Advice the local police station that the property is empty
• Shut off all gas, electrics and water.

What is an IPO?

An IPO – or Interim Possession Order – is a means whereby a property owner can remove anyone squatting on their property under the Criminal Justice and Public Order Act of 1994.

This order permits the owner to evict a squatter pending a court hearing. Should the court decide that the squatter is an illegal trespasser, they will make this eviction permanent.

An IPO order requires the squatters to leave the house or building within 24 hours. If they do not, they may be arrested by the police and could face legal action.

They will also be committing a crime if they return to the building or buildings in question within a year of their eviction under an IPO.

Prior Tenants as Squatters

When the squatter has previously been a tenant, things are slightly different.

Squatters who stay on in a property after their tenancy has ended may face a “standard” or “accelerated possession order”.

The owner of the property may use the first option if they still wish to receive rent from a tenant who has remained in the property after their Section 21 eviction notice period has expired.

They may use the second option in circumstances where they do not wish to receive further rent – they simply want the individual evicted.

If you wish to object to or fight against a possession order, you should complete a defence form. Alternatively, you may provide a written statement detailing your circumstances. You must do this within 14 days of receiving the order.

There is always a court hearing for standard possession. At this hearing, you will be able to present evidence that supports your choice to object to the order.

The court will then make a decision regarding your eviction. For example, the judge may act to make an outright possession order. Alternatively, they may dismiss the order entirely or request further information and an additional hearing.

It is very important that you seek legal advice and support as soon as you receive a possession order.

Squatters Rights Scotland

In Scotland, squatting is an offence under Section 68 of the Criminal Justice and Public Order Act 1994.

Section 3 of the Trespass (Scotland) Act 1865 also states that: “Every person who lodges in any premises, or occupies or encamps on any land, being private property, without the consent and permission of the owner or legal occupier shall be guilty of an offence punishable as herein-after provided [paraphrased].”

Private property, under Scottish case law, excludes non-commercial properties such as hospitals, marketplaces and churches.

However, legal specialists have commented that the police may not always wish to get involved – bar circumstances such as where neighbours and the local community are potentially in danger.

Indeed, with a low amount of legal precedent, the existing Scottish laws surrounding squatting are not as strictly applied relative to the rest of the UK.

Squatters can, nonetheless, be arrested by law enforcement officers without a warrant.

Evicting a Squatter in Scotland

Again, we would not recommend taking any action yourself.  Consulting a suitably experienced solicitor to guide you through the process is the recommended (and faster) course of action.

The process usually starts by serving a letter or notice on the squatters – stressing that formal eviction will be initiated if the property or building is not vacated.

If the squatters do not leave, a Summary Cause Action at the local Sheriff’s Court should follow. This is often accompanied by a claim for damages resulting from unlawful occupation. The owner must also prove title to the property at this juncture.

The process of recovering a property is governed by section 35(1)(c) of the Sheriff Courts (Scotland) Act 1971.

Squatters Rights in Northern Ireland

It’s also illegal to take up residence in a property without permission in Northern Ireland. However, it is still possible to claim legal possession of a property after 12 years have passed.

The eviction process for squatters in Northern Ireland is simpler relative to removing other types of tenant. The landlord does not always need to obtain a court order. However, if one is required, the courts will usually grant the right to possession.

If the squatter still refuses to leave, the owner can approach the Enforcement of Judgement’s Office to force eviction. Squatters who are homeless as a result may be able to seek assistance from the Housing Executive.

Squatters can also be held liable for any criminal damage or theft from the property

In Conclusion

The matter of squatters rights is a delicate one and worth exploring both sides…

The Squatters Perspective…

Individuals planning to occupy a property in this capacity must always act with caution.

Under the right circumstances, in many parts of the UK, squatting in unoccupied commercial property is not a crime.

However, you may face criminal proceedings if you squat in residential property.  This can lead to up to 6 months in prison and/or fines of £5,000 alongside extra penalties for any damage to the property (under the Criminal Damage Act 1971).

You may only claim squatters rights if you have been living in the property and acting as a responsible owner without for 10 years. This increases to 12 if the property is not registered. They must do this without receiving the “real” owner’s permission within that time frame.

It is vital for squatters to act in response to an IPO within 24 hours by vacating the property. Otherwise, they may be accused of a crime, arrested by the police and even sentenced to up to six months in prison. Alternatively, they may have to pay a fine of up to £5,000. They may even face both penalties.

The Property Owner’s Perspective…

It’s important to remember that squatters do have rights.

Society in general is very quick to judge but it’s worth remembering that uncontrollable and often sad circumstances often contribute towards people getting into such situations.

Whilst the experience is still understandably frustrating, any threats or action to forcibly remove squatters is a crime in itself.