 Squatting is where someone occupies a property which is empty or abandoned without the owner's knowledge or permission, and without any legal right to do so - squatters are trespassers.
The owner of the house must go through various legal proceedings before evicting squatters. The owner must prove that they have a right to live in the property and that the squatter does not, while the squatter has the opportunity to claim there isn't sufficient proof or that the proper notice hasn't been given.
In order to legally occupy a house you need to have exclusive access to that property, i.e., change the locks and keep the place secure like you would in a normal home. This is covered in a legal document known as Section 6, a copy of which is often displayed on the front door. There has to be no sign of a forced entry; meaning broken windows or door locks. This would prove that you have illegally broken into the property. The legal process of eviction can take a month or so, or even years, so the squatter has the time to find somewhere else to live. This is what happens when the property is owned by a council or a housing association. Private Landlords have been known to use various means of intimidation to convince a squatter to move out.
The Land Registration Act 2002 will be based on the premise that "registration alone gives ownership".
The proposed changes will entitle a squatter to apply to be registered as owner of registered land only after they have been squatting for 10 years. If this is challenged by the existing owner, or other interested parties such as mortgagees, then the squatter must prove one of the following three:
- Circumstances are such that the squatter ought to be registered as proprietor
- A “reasonable mistake” about the boundary was made when the squatter occupied the land
- The squatter has some other entitlement to be registered as proprietor of the land
However, if the application is dismissed and the legal owner does not take steps to regain possession for a further two years, the squatter (if they have remained in possession) may re-apply to be registered, and in such circumstances they will be automatically registered as the new owner.
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