Registered vs unregistered land — the legal framework
- Unregistered land (Limitation Act 1980): after 12 years of continuous adverse possession, the paper owner's title is extinguished — no notification given to the owner. Increasingly rare as most land is now registered
- Registered land (LRA 2002): after 10 years of adverse possession, squatter can apply to HMLR. Registry notifies registered owner, who has 65 business days to object. If the owner objects, registration is refused. If no objection within 65 days, squatter is registered
- Key elements of adverse possession: factual possession (treating land as your own — fencing, maintaining, exclusive use) plus intention to possess (subjective intent to exclude the world including the paper owner) plus possession without owner's consent
- Adverse possession against registered land — boundary disputes: most common scenario for landlords. Neighbour encroaches on a boundary strip. Under LRA 2002, the landlord is notified before any title is lost
LASPO 2012 s.144 — residential squatting as a criminal offence
- The offence: person is a trespasser in a residential building, entered as trespasser, knows or ought to know they are a trespasser, and is living or intends to live in the building for any period
- Residential building: includes houses, flats, properties under renovation, and mixed-use buildings with a residential element — commercial premises are excluded
- Penalty: summary offence — maximum 6 months' imprisonment and/or £5,000 fine
- Police power of arrest: police can arrest squatters committing s.144 offence without a warrant and remove them from the property — call 101 (or 999 for emergency)
- Commercial squatting remains civil: squatters in commercial buildings must be removed by civil possession proceedings under CPR Part 55 — no s.144 offence
Act within 28 days for an interim possession order
The fast-track interim possession order (IPO) procedure is only available if the landlord applies to the county court within 28 days of learning that squatters have entered. Missing this window means the slower ordinary Part 55 procedure. Contact a solicitor immediately when squatters are discovered.
Interim possession orders (IPOs) — the fast-track remedy
- IPO availability: CPR Part 55 Section III — available where landlord applies within 28 days of learning of squatters' entry
- Process: file claim form N5, witness statement (ownership, trespass, within 28 days), pay court fee — court typically grants ex parte within 1-3 days
- Effect: squatters must vacate within 24 hours of service — failure to comply is a criminal offence under s.76 CJPOA 1994
- Full possession hearing: set at time of IPO, typically within 7-14 days — final possession order made if squatters do not appear to contest
- Ordinary Part 55 proceedings: where IPO window missed or commercial property — claim form, service on defendants, first hearing typically 4-8 weeks after issue
Prevention — protecting vacant properties
- Immediate measures: change locks on tenant vacation; fit BS 3621 mortice deadlocks; board up vulnerable windows or fit security grilles for extended vacancies
- Regular inspection: inspect at least weekly during void periods — record each inspection in writing with date, time, and photographs
- Security lighting: PIR-activated external lighting; monitored alarm system for extended vacancies
- Property guardianship: for extended voids, guardians occupy under licence — prevents adverse possession running and provides physical deterrence
- Vacant land: grant a revocable periodic licence to an adjacent user to prevent adverse possession running — must be in writing and genuinely revocable