Squatters' Rights & Adverse Possession Laws in the UK Explained

What are squatters' rights and how does adverse possession work?

Squatting happens when someone moves into a property without the owner's permission. In the UK, living in a residential building without consent is illegal and can lead to a prison sentence, a fine, or both.

However, squatters may still have rights under a legal process called adverse possession. If someone has occupied a property for a long time without challenge from the legal owner, they may be able to claim legal ownership. This law applies to both residential and commercial properties but follows different rules. Understanding how squatters' rights work can help property owners protect their homes, land, and investments from unlawful occupation.

Understanding UK Squatting Laws

Is squatting illegal in the UK?

Squatting in a residential property has been against the law in England and Wales since 2012. The law states that anyone found squatting in a house or flat can face up to six months in prison, a £5,000 fine, or both. Commercial properties, derelict buildings, and open land, however, do not fall under the same law. While squatting in a shop, office, or industrial unit is not a direct criminal offence, causing criminal damage to the property, breaking and entering, or refusing to leave when asked by the rightful owner, police, or local council can lead to prosecution.

What is adverse possession and how does it apply?

Adverse possession is a legal principle that allows someone to claim ownership of a property if they have occupied it continuously for a certain period without the owner's consent. In the UK, this period is typically 12 years for unregistered land and 10 years for registered land. A successful claim must show:

• Continuous and exclusive use of the property

• No permission from the legal property owner

• Use of the land or building as if it were their own

If a squatter meets these requirements, they can apply to the Land Registry to be registered as the legal property owner. The current owner will be notified and given the opportunity to object. If an objection is raised, a tribunal or court may be involved in determining the outcome.

Removing Squatters Legally

How can property owners evict squatters?

Property owners cannot physically remove squatters themselves. A legal process must be followed to regain possession. The steps include:

1. Serving an eviction notice – The owner must formally ask the squatters to leave.

2. Applying for a possession order – If they refuse, the owner must take the case to court.

3. Attending a court hearing – A judge will review the case and, if satisfied, grant an order for possession.

4. Enforcing the order – If squatters still do not leave, county court bailiffs can be called in to remove them.

Can the police remove squatters?

Police involvement depends on the situation. If squatters are in a residential property, officers can remove them immediately under criminal law. If they are in a commercial building, land, or an abandoned warehouse, action can only be taken if they have committed an offence, such as criminal trespassing, property damage, or failing to comply with an official order.

How to Protect Your Property from Squatters

What can property owners do to prevent squatting?

Keeping a property secure and regularly checking on it can reduce the risk of squatters moving in. Here are some practical steps:

• Install CCTV cameras and motion-activated alarms

• Use strong locks, security doors, and reinforced windows

• Visit the property regularly or hire a property management company

• Keep utilities connected to show the property is in use

• Display clear warning signs stating “No Trespassing” and legal consequences

How does Property Guardianship help?

A growing number of property owners are turning to Property Guardianship as a way to protect vacant buildings. This involves allowing working professionals to live in an empty property in exchange for maintaining and securing it. Guardianship schemes provide a legal and effective way to keep buildings occupied, making them less attractive to squatters, vandals, and trespassers.

Are there legal safeguards to prevent adverse possession claims?

Registering a property with the Land Registry provides legal protection against adverse possession. If a property is unregistered, it is easier for squatters to make a claim. Property owners should:

• Ensure their property is registered with the Land Registry

• Keep records of visits, inspections, and maintenance

• Take legal action promptly if someone unlawfully occupies the property

Recent Legal Changes and Considerations

What are the latest updates on squatting laws?

The Police, Crime, Sentencing and Courts Act 2022 has given law enforcement more power to act against trespassers. Police can now remove squatters more quickly in some situations without requiring a court order. There are also separate rules for squatters occupying council-owned properties, where local authorities handle eviction differently.

How do tenancy disputes differ from squatting?

A tenant who stops paying rent is not a squatter. Landlords dealing with unpaid rent must follow the legal eviction process through the courts. This includes serving a Section 8 or Section 21 notice, depending on the circumstances. Attempting to evict a tenant without following the correct process can result in a claim for unlawful eviction.

Final Thoughts

Squatting laws in the UK are complex, and while residential squatting is illegal, adverse possession rules still provide a route for squatters to claim ownership in certain situations. Property owners can take steps to prevent squatting and protect their investments by securing their properties, using Property Guardianship schemes, maintaining regular inspections, and acting quickly if squatters move in. If faced with squatters, following the legal process is essential to ensure a smooth and lawful eviction. Seeking professional legal advice can also help navigate property disputes and avoid unnecessary legal battles.