There are many reasons why someone might choose to squat in a home, such as poverty, rising rent prices, protests, and fun. According to the type of property, there are different laws and rules for squatters. Here are some things you might want to know about the rights of squatters on land in the UK.
Squatters Rights
Firstly, what is the meaning of squatting? This is when someone intentionally enters someone else’s property without permission. They live there or plan to live there, and it is called “squatting.” Squatting is breaking the law. However, It’s not possible for squatters to just move into a property, say they have squatter’s rights, and get a legal right to it.
If you squat in someone’s house and even own it legally, there are some situations in which it’s OK to do so. A lot of people in the UK call this “squatter’s rights,” but it’s not always that way.
Squatting in Residential Property
A person can’t squat inside a residential property like a house or a flat. To stay in a place even when the owner, their agent, the police, the council, or a court order tells you to leave is a crime.
Under the Legal Aid, Sentencing, and Punishment of Offenders Act of 2012, squatting in a residential home was made a crime in 2012. There is now no longer an option for people to live in a residential building and claim squatter’s rights. The police can enter and arrest squatters who are living in a home. The fine for squatters who live in a home or flat can be up to £5,000, or they can be sent to prison for six months. Both ways are possible.
Squatting in Non-Residential Property
Isn’t it bad enough to squat in an empty building? Because it isn’t a criminal matter, it’s a civil one Shops, offices, and warehouses are examples of non-residential buildings. Because non-residential buildings are more likely to be taken over by squatters than residential buildings, this is why they are more likely.
Knowing that even though it isn’t illegal to squat, other things that people do while they are in a home are likely to be illegal. People who damage the property when they enter or after they leave, steal from the property, or use utilities without paying for them are breaking the law.
Note: Squatting is always illegal when a court has ordered the squatters to leave. Now let us look at squatter’s rights in the UK.
You can also read sitting tenants’ rights
Squatters Rights UK
Squatters are people who enter a property without permission and stay there or plan to stay there. They are also called trespassers, but they aren’t the only ones. He or she may have let people into the house who are not on the tenancy agreement. They may also be responsible for getting into the house by themselves while it was empty, unattended, and without a lock. If the squatters are on commercial property, it is not a crime. A court hearing is needed if you want to get rid of people who have set up camp on commercial land.
Do squatters actually have rights in the UK?
Squatters who have been living on the land for a long time do have rights in the UK. The law says that in some cases, long-term squatters can become the registered owner of the property they’ve been living on without the original owner’s permission. Many people use the term “adverse possession” to describe this.
According to Coodes Solicitors that says that if a person can show that they have been living in the same place for 10 years or more at the time they apply for adverse possession, they can do so.
Coodes Solicitors say that in order to get squatters’ rights, you need to go to the Land Registry and fill out a form. Notice will then be sent to the original owner of the land, who has 65 days to decide whether or not to accept the application.
In some cases, the original owner of the property will send a counter-notice. This notice will ask the person who is squatting to show that their situation falls into one of these three groups:
- So, it would be morally wrong for the person who owns the land to block the application.
- That the property is next to land already owned by the squatter, especially in cases where a boundary line hasn’t been formally set out in a court case.
- That the squatter can become the new owner of the land for some reason, like if they are supposed to buy it from the original owner.
In this kind of case found in the UK, if there is no objection to the claimed rights or if the original owner’s objection doesn’t work, the squatters will become the new owner of the land.
How long before you get squatters’ rights?
Squatters, or a group of squatters, must have been living in a registered home for 10 years before they can try to claim ownership. Law says that the squatter must show that they, or other squatters, were responsible owners of the land during this time.
In addition, the squatter must show that they were not allowed to live there. For example, they were never a tenant who used to pay rent to the owner.
People who live in unregistered properties that aren’t on the HM Land Registry must show that they have been living there without permission for 12 years before they can try to buy them.
In what circumstances should squatters not be arrested?
“Squatters can’t be arrested if they first entered the home with the owner’s permission, for example as a tenant or a licensee.” Your tenancy is over and you haven’t moved out or paid your rent yet. You can’t be arrested for that. The notice must be given to you and you must go to court with your landlord so that they can get rid of you and take your property. This is what happens under Sections 8 and 21 of the law.
How can squatters be removed?
In 1994, the Criminal Justice and Public Order Act made it legal for property owners; to get an Interim Possession Order to get rid of squatters. This is how (IPO). People who live there illegally have to leave the property within 24 hours of the service, Shelter says.
They could be charged by the police or sent to prison; if the squatters don’t leave the property 24 hours after being served with an IPO. This will also be true if they come back to the house within 12 months of leaving.
You can also read Restrictive Covenant Indemnity Insurance
Squatters Rights On Land
If you own a home, one of the biggest fears is that “squatters” will move in and start living there. As long as they aren’t removed quickly, there’s a chance that they could just stay there for a long time; and end up owning something. Adverse possession, also known as “squatters rights” is when someone takes over a land.
If a property owner doesn’t get rid of squatters or stop them from using their land in a certain amount of time; they could lose the legal rights to that land to the squatter. Adverse possession is based on this idea.
How can someone take legal ownership?
People who want to legally own land or a piece of property have to make an application to the Land Registry; which is run by HM Land Registry. If the person is given permission, their name will be put on the land as the legal owner. However, in order to do this, there must be proof that the applicant; has been living in the same place for 10 years. There must be 12 years of continuous occupancy of land if it hasn’t been registered.
In addition, applicants will need to show that they have been acting as the landowner for the whole time; and that no permission from the registered landowner was ever sought. That means you have to show that you had possession of the land; that you wanted to own the land, and that the possession had been bad.
To do any of this, you’ll need the help of a lawyer who has dealt with adverse possession cases before. All of this has to be submitted to HM Land Registry in a formal statement of the truth. So for squatters to actually start taking land, they have to jump through a lot of hoops; get help from the law, and stay on the land or property for at least a decade.
How the legal owner can prevent adverse possession
Landowners can effectively “stop the clock” if they stop squatters from taking over their land. This could be done by putting up a barrier or fence, locking and barring a building; or taking the property back (see above). The owner can also start their own legal battles; as soon as they learn that someone else is trying to take their land.
As long as no one objects to the registration, it may go through without a fight. Because the squatter doesn’t usually have all the documents they need to register an absolute title on the land at this point; they’re given “possessory title” registration, which is a kind of temporary status. After a certain amount of time, they’ll have an “absolute title.”
Adverse possession is almost always a fight, and the legal landowner usually fights back. Cases don’t usually go all the way to the end because of this. In most cases, the legal landowner will try to evict the squatters; long before they have a chance to apply for adverse possession; so the myth of “squatter’s rights” is a little overblown. It’s also a good idea to talk to a property law expert; as soon as you think about applying for adverse possession. If you own land and have squatters, you should talk to a lawyer; about how to get rid of them as soon as possible.
Squatters Rights FAQs
How long do you have to squat in a house?
Squatters, or a group of squatters, must have been living in a registered home for 10 years before they can try to claim ownership.
Do squatters actually have rights?
Yes, they actually have rights. People who have been living on the land long-term do have rights. The law says that in some cases, long-term squatters can become the registered owner of the property they’ve been living in without the original owner’s permission.
