Adverse possession and squatters - the steps you can take to protect your interests

Updated June 2011

The issue

Squatting has been in the news recently with the high profile case of squatters occupying Guy Ritchie's £6million house in London. With the economic climate still recovering from the downturn, squatting remains a very real threat for many property owners.

Even if squatters are unable to ascertain title, significant damage can be done to the property during their period of occupation and it can be quite a difficult and costly process to be rid of them as Guy Ritchie would certainly concur.

What you need to know

At present, squatters may legally enter an empty property provided they do not cause damage when gaining access. Police may not be able to intervene unless the house was inhabited at the time of the occupation or criminal damage has been caused when entering. If you become a victim of squatting you may have to begin a civil court case for possession, which can be an expensive and lengthy process.

The Justice Secretary Kenneth Clarke has proposed a new law that may save property owners from having to bring civil proceedings against squatters. The new proposals are that police will be empowered to seize buildings and bring criminal charges against squatters, who could then face jail.

Squatting is already a crime punishable by 21 days' imprisonment in Scotland. The proposed change in England and Wales will certainly be most welcome to homeowners but it is still early days in the proposals.

Squatters' rights

It used to be the case that after twelve years of adverse possession, the owner of the property holds it as trustee for the squatter who may apply to be registered as proprietor of a new estate, where the registered land is freehold, or as proprietor of the registered estate where that estate is leasehold.

Adverse possession by squatters, for however long, will not bar the owner's title to a registered estate in the property. However, a squatter will now be entitled to apply to HM Land Registry to be registered as proprietor after 10 years' adverse possession instead of 12.

What you can do

Evicting squatters can be a long and drawn out process so the best cure is prevention. If you have property which is vacant for any length of time, it is advisable to secure it well and perhaps arrange for regular attendance to the property to simulate occupation.

What could happen if I do nothing?

If the squatter makes an application for ownership of the property and the application is not opposed by any of those notified, the squatter will, on application to the Land Registry, become the registered proprietor. Delays on your part in taking action to defend your title to the property may also be frowned upon by the courts.

How TLT can help

If you own a property currently occupied by squatters, you may instruct one of our lawyers to start civil proceedings on your behalf.

If you own unregistered property, we suggest you immediately contact us to discuss ways to protect your interests, particularly if you are concerned the property is at risk of occupation by squatters.

Taking adverse possession of land or buildings is not just confined to the potentially criminal behavior of squatters. If your boundary fences, for example, were moved a certain number of years ago our lawyers may apply to the Land Registry on your behalf for the registration of the property in your name with possessory title.

And if you already own a possessory title which has been registered for at least 10 years, our lawyers may apply on your behalf for upgrade of the possessory title at the Land Registry.

In all cases, TLT is here to help. So do not hesitate to contact us.

 

Contributor: Marcia Lopes

This publication is intended for general guidance and represents our understanding of the relevant law and practice as at June 2011. Specific advice should be sought for specific cases; we cannot be held responsible for any action (or decision not to take action) made in reliance upon the content of this publication.

TLT LLP is a limited liability partnership registered in England & Wales number OC 308658 whose registered office is at One Redcliff Street, Bristol BS1 6TP England. A list of members (all of whom are solicitors or lawyers) can be inspected by visiting the People section of this website. TLT LLP is authorised and regulated by the Solicitors Regulation Authority under number 406297.

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