Squatters and vacant land and how to get back possession

What to do when squatters do enter land and how to remove them

So, you’ve found yourself with squatters on your property and don’t know what to do. There are a number of options available to remedy the unlawful occupation. However, as force or the threat of force cannot be used to take back possession, often the only way to reclaim possession against squatters safely and lawfully is by court order. 

Available options to remove squatters from property include:

• Self-help (applies to open land only) – this is often the first port of call and cheapest remedy. It involves instructing bailiffs to serve a Notice to Leave on the squatters at the property. Often opening dialogue with the squatters will result in them moving on, however, many trespassers are now increasingly savvy and know the law which may result in this remedy being less effective than it once was.
• Interim Possession Order – the aim is to obtain a possession order quickly as an interim measure pending a full hearing. However, an IPO can only be used within 28 days of you becoming aware of the squatters’ occupation; and to recover possession of “premises” and not open land. It cannot be used if there is also a claim for damages.
  • IPO’s have a strict timeline which must be followed once proceedings are issued.
  • Upon issue of the proceedings, the IPO application must be served on the squatters within 24 hours. Service can be affected by process servers or certified bailiffs.
  • Once the IPO has been granted, it must be served on the squatters within 48 hours of issue by a certified bailiff.
  • If the squatters fail to vacate in 24 hours of the IPO being served, they will be committing a criminal offence and may be arrested.

A final hearing will normally be listed not less than seven days of the IPO being granted, which will convert the IPO into a final possession order. Final hearings are usually unnecessary as the squatters tend to vacate once the IPO has been served.

• Standard possession proceedings in the County Court – this is often a slower process than obtaining an IPO and will need to be used if you became aware of squatters on the property 28 days after occupation or where the property is ‘open land’.

Practical consideration before a squatting issue arises

As any good sportsman knows, a good offence is the best defence and the same applies here. Whilst seeming obvious, there are things landlords can do at an early stage to avoid the possible effects of squatters entering land:

• Security measures such as:

– use of temporary shutters and additional locks;

– using property guardians; and/or

– installing or fitting deterrents such as concrete blocks, CCTV, and alarms.

• Checking insurance policies to ensure that:

– you are complying with your contractual requirements around maintenance and security; and

– if necessary, you have notified the insurer that the premises are currently vacant.

In short, as ever, prevention is better than cure. However, if you are faced with squatters taking possession of property, taking legal advice on the best way to proceed is always recommended.

For assistance please get in touch with Charlotte Wormstone and Kaileigh Moreton.