Squatters' Rights in London: Legal Advice and Property Owner Protection

Squatters’ Rights in London: Legal Framework and Property Owner Protection

Squatters' rights, also known as adverse possession, can be a challenging legal issue for property owners in London. Squatting is the act of occupying an empty or abandoned property without the owner's permission. While the UK government has introduced laws to reduce the rights of squatters, the legal framework remains complex, and property owners must be aware of their rights and responsibilities when dealing with squatters.

This article explains the current state of squatters’ rights in London, the legal implications for property owners, and how to protect your property from unauthorized occupancy.

What Are Squatters' Rights?

Squatters' rights refer to the legal protections given to individuals occupying a property without the owner’s permission. Over time, under certain conditions, squatters may acquire legal ownership of the property through a process called adverse possession. However, the laws surrounding squatters’ rights in London have been significantly tightened, especially for residential properties.

Is Squatting Legal in London?

1. Residential Properties As of 2012, squatting in residential properties is illegal under Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act (LASPOA). This law made it a criminal offense to occupy a residential building without the owner’s permission, with penalties including fines of up to £5,000 or imprisonment for up to six months.

2. Commercial Properties Squatting in commercial properties (such as offices, shops, and warehouses) is not a criminal offense, although it is still considered a civil matter. Property owners need to go through the civil courts to evict squatters from commercial premises.

3. Adverse Possession In some cases, squatters may apply for ownership of the property if they can prove that they have lived there for a continuous period (typically 10 years for registered land or 12 years for unregistered land) without the owner taking action to remove them. To succeed in an adverse possession claim, squatters must demonstrate that:

   • They have been in continuous and exclusive possession of the property.
   • They have treated the property as their own.
   • The property owner has not taken any legal action to regain possession during this time.

How to Remove Squatters in London

If squatters occupy your property, it’s essential to take swift legal action to regain control. The steps for removing squatters depend on whether the property is residential or commercial.

1. For Residential Properties:

   • Call the Police: Since squatting in a residential property is a criminal offense, the police can intervene. If squatters are found guilty of occupying a residential building without permission, they can be arrested and removed.
   • Court Action: If the police are unable to resolve the issue immediately, the property owner can apply to the courts for an Interim Possession Order (IPO) or a Standard Possession Order. An IPO allows the owner to repossess the property quickly, while the standard order follows a longer legal process.

2. For Commercial Properties:

   • Civil Court Eviction: For commercial premises, property owners must take civil legal action to evict squatters. This involves filing a possession claim in court and obtaining a court order. Once the order is granted, enforcement officers can be instructed to remove the squatters.
   • Hire Bailiffs: After obtaining the court order, you can hire court bailiffs to enforce the eviction. It's crucial to follow the legal process carefully to avoid complications or delays in removing squatters.

How to Protect Your Property from Squatters

Preventing squatters from occupying your property is the best way to avoid the legal and financial headaches of eviction. Here are some steps property owners in London can take to protect their assets:

1. Secure the Property: Ensure that all doors and windows are properly locked, and consider installing security systems such as alarms, cameras, or steel shutters to prevent unauthorized entry.

2. Regular Inspections: If your property is vacant for an extended period, make sure it is regularly inspected. Regular visits can deter squatters and allow you to address any security vulnerabilities.

3. Post Warning Signs: Display clear signs indicating that trespassers will be prosecuted. While this won’t necessarily stop determined squatters, it serves as a deterrent and strengthens your legal case in court.

4. Appoint a Property Guardian: Property guardians are individuals or companies that occupy and manage vacant properties on behalf of owners, preventing squatters from moving in. This is an especially useful solution for commercial or long-term vacant properties.

5. Legal Notices: For vacant commercial properties, posting legal notices clearly identifying the owner and forbidding trespassing can help in demonstrating your control over the property and may aid in faster legal proceedings if squatters do enter.

How Fraser Bond Can Assist with Squatters' Rights and Property Protection

At Fraser Bond, we understand the complexities of dealing with squatters and securing vacant properties in London. Our team provides professional advice and practical solutions to help property owners manage these challenges efficiently. Here’s how we can assist:

• Property Security: We offer guidance on securing vacant properties and deterring squatters through proactive measures such as inspections, security system installations, and the appointment of property guardians.
• Legal Support: If you are dealing with squatters, our experts can assist you in navigating the legal process for eviction, helping you to obtain court orders and regain possession of your property swiftly.
• Risk Management: We help property owners manage risks related to adverse possession and unauthorized occupancy by providing ongoing advice and support for protecting your property.

For more information on squatters’ rights in London or assistance with securing your property, contact Fraser Bond today. Our expert team is here to help you safeguard your investment and resolve any legal issues related to squatters swiftly and efficiently.