Definitions & Rights of Squatters

 

A Squatter is a person who occupies vacant property without the legal owner's knowledge or consent. In this context 'property' extends to the airspace above the land and to below ground level. A landlord therefore has the right to Evict squatters or force their Eviction, i.e. to expel (one or more people) from their property or to force (one or more people) to move out.

 

Rights of Squatters

 

Contrary to what may seem like common sense to many, squatting in England and Wales is not a criminal offence. It is a civil law matter, and the squatter has numerous limited rights.

The most significant of these is known as adverse possession. This area of law has been significantly changed following the coming into force of the Land Registration Act 2002 on 13 October 2003 and the effect is as follows:

 

A person who has occupied another person’s land without permission and has excluded the landowner from that land (e.g. by putting up a fence) for a continuous period of 12 years running from before 13 October 2003 can become the legal landowner of the land he has occupied.

 

In order to become the legal landowner, the possession must be obvious to the true owner of the land.

 

Following the 2003 Act, the squatter need only prove possession of the land for 10 years. However, after the 10 years have elapsed the squatter must apply to the Land Registry to be recognised as the owner in fee simple. The original owner of the property will receive notification from the Land Registry and will be able to defeat the application by simple objection. Thus the new law seriously curtails the ability of squatters to obtain adverse possession.

 

In addition, a landowner owes a duty of care to a squatter under the occupiers' liability regime and may be liable to pay damages for a trespasser injured as a result of a hazard on the land. This is particularly the case where there are children present.

 

Landowners acting themselves can only legally regain possession and evict squatters through peaceable re-entry: that is, gaining re-entry and securing the premises without the use of force, or with the consent of the occupiers. Under the Criminal Law Act 1977, it is a criminal offence for a landowner to use or threaten violence to secure entry to a property occupied by a squatter if the squatter is opposed to that entry. In practice this means that a landlord cannot force entry to a building to evict squatters unless he is satisfied that the squatter is not actually in the building at that time. As it is easy to commit an offence under the 1977 Act, self-help is not advisable. To evict squatters who are determined to remain, landlords should follow the proper legal procedures and obtain a court order.

 

How Squatters see their Rights

 

Squatters often believe that they have a perfect right to occupy when properties are left vacant, particularly for long periods. For this reason landlords frequently need assistance from solicitors to evict squatters, trespassers and other occupiers. A sizeable culture of squatting exists today in the UK and it is therefore a major problem for landlords and owners of vacant property.

 

How Squatters are Organised

 

A plethora of web sites now exist to advise and support squatting and the result is that squatters frequently know as much, or indeed more than landowners about the law and their minimum rights. In London, a group called the Advisory Service for Squatters runs a volunteer service helping squatters. It publishes the ‘Squatters’ Handbook’ and has drafted a legal warning to be utilised by squatters. According to the Advisory Service website, the Handbook is in high demand, which speaks to the rising number of squatters in the current economic downturn.

 

Guide to Evicting Squatters

 

Bartletts Solicitors offer a full guide to legal issues surrounding the eviction of squatters and trespassers from landlords' property:

 

Part One: Definition, Rights and Organisation of Squatters
Part Two: Preliminary Issues and Legal Process
Part Three: Preventing Squatters
Part Four: Definition and Rights of Trespassers