Squatters in My House: Understanding Squatters' Rights and How to Reclaim Your Property

Discovering squatters in your home can be alarming, but understanding your rights and the steps you need to take can make the situation more manageable. Let's dive into what you need to know about squatters in residential properties and how to reclaim your property without permission.

What is a Squatter?

A squatter is someone who occupies a property without permission from the owner. Squatters often target unoccupied properties, whether they are residential or commercial buildings. It's important to note that while squatting in residential buildings is a criminal offence, the situation can be more complex in non-residential properties.

How Can I Keep Squatters Out?

Prevention is crucial in avoiding the presence of squatters in your property. Here’s how you can protect your residential properties:

1. Secure the Premises: Ensure all access points, including doors and windows, are properly locked. Boarding up unoccupied properties can also deter potential squatters.
2. Regular Property Checks: Regular inspections help detect any signs of unauthorised occupation early on.
3. Make It Look Lived-In: Use timed lighting and maintain the exterior to give the appearance that the property is occupied.

What Are Squatters' Rights in the UK?

Squatters may try to claim legal rights to a property through a process known as adverse possession. In the UK, if a squatter occupies a property without permission for an extended period—usually ten years—they might be able to apply for ownership. This process is more commonly associated with unchallenged, long-term squatting in unoccupied properties.

Why Do Squatters Have Rights?

Squatters' rights, or adverse possession, were historically introduced to prevent land from being left unused and neglected. The law sometimes recognises the rights of those who maintain a property over an extended period, even without the owner's permission. However, this is a complex legal procedure, and the property owner can often challenge these claims.

Can The Police Remove Squatters?

If squatters are occupying a residential building, it’s a criminal offence, and you can contact the police for help with their removal. However, if squatters are in commercial properties or if they claim legal rights, such as being a residential occupier with a tenancy agreement, you may need to take legal action through the courts.

Can A Tenant Claim Squatters' Rights?

Tenants who overstay their welcome and refuse to leave are not considered squatters but unlawful tenants. They cannot claim squatters' rights, but you’ll need to go through the proper eviction process, which may include serving an eviction notice and possibly attending an eviction court hearing.

How Can I Remove Squatters Legally?

If you find yourself dealing with squatters, follow these steps to ensure their legal removal:

1. Contact the Police: For residential properties, inform the police immediately as squatting is a criminal offence.
2. Seek Legal Advice: If the situation is more complex, such as with commercial properties, consult a solicitor experienced in property rights and the eviction process.
3. Apply for an Interim Possession Order (IPO): This legal procedure is a fast-track way to regain possession of your property. Once granted, squatters must vacate the premises within 24 hours, or they face arrest.

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