SQUATTING - ADVERSE POSSESSION

Squatting is where empty property is occupied without the owner's permission and without any legal right to do so. Squatting is an ancient practice which has risen recently in England & Wales due to the rise in the amount of homeless people.

Under UK law, if a squatter occupies the land unopposed for the statutory period of time they can become the legal owner of the land. The European Court of Human Rights acknowledges that this adverse possession is not a breach of the property owner's human rights. Property owners should act swiftly to preserve their property rights. Equity aids the vigilant, not those who sleep on their rights.

To help reduce adverse possession the Land Registration Act 2002, introduced a system whereby notice is given to the land owner of registered land when the squatter makes an application to the Land Registry to transfer the title of the land into their name. If a registered owner does not oppose the squatter’s registration the adverse possessor can registered the land as their own.

If an application for registration is refused, and the squatter remains in occupation for a further two years and submits a further application, this will be accepted by the Land Registry.

Where land is not registered at the Land Registry, it is difficult to find out who owns it and therefore not always possible to serve the notice on the paper title owner who may not be aware that an application has been made to the Land Registry to possess the land. To ensure that you are informed of any such applications you could register any land that you own that is unregistered. This firm would be pleased to provide you with a free quotation of the cost of carrying out the legal work required to register the title on your behalf.

Even if your property is already registered at the Land Registry, it is advisable to keep your Land Registry title updated with your current address if you change address, so that you receive any notice if an application for adverse possession is made.

Squatters have rights, if a squatter refuses to move out landlords must follow the proper legal procedures and an application must be made to the county court for a Possession Order following which bailiff eviction may be necessary.

If your property is occupied in this way take legal advice and assistance on how to obtain possession. Please contact this firm for a free quotation on 0207 476 2544.

This guide is intended as general information only it does not seek to summarise the relevant legislation.

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