In a land where homelessness and poverty are growing concerns, squatting has become a prevalent issue. Squatting is when a person illegally occupies a home or building without permission from the owner. However, in some countries, including the UK, why do squatters have rights there are legal frameworks in place that afford squatters certain rights. In this blog post, we will explore these rights and help you understand the legalities of squatting.
Squatters’ rights or adverse possession rights are based on the principle that people should be able to occupy and use land that has been abandoned or left neglected for a long period of time. To be eligible to claim squatters’ rights, the squatter must fulfill specific criteria, namely, continuous and exclusive occupation of the land (usually for at least 10-12 years) without the owner’s permission, and in an open, visible, and not secretive manner.
Squatting can take two forms in the UK – residential and commercial. While squatting in residential premises is illegal in England and Wales, squatters can seek protection under Section 6 of the Criminal Law (Consolidation) Act 1935 if they claim to have entered a property without the intention to commit a crime. This means that owners must follow certain legal guidelines before they evict squatters. The possession action can be filed in court, and no physical force can be used to evict squatters.
On the other hand, squatters who occupy commercial premises, including shops and factories, are not protected under the law. The property owner has complete autonomy to do as they please, and it is the owner’s responsibility to take appropriate legal measures to evict the squatters. However, the owner must avoid the use of force, as it can lead to criminal charges.
Another aspect to keep in mind is adverse possession, which allows squatters to make a claim to the land they have occupied for a set period. For a squatter to make an adverse possession claim successfully, they must show a level of exclusive ownership and use for several years. This concept is difficult to prove, and there are strict criteria for squatters to meet before a claim can be made.
A common misconception regarding squatters’ rights is that they provide automatic ownership of the property. This is not entirely true, as squatters’ rights can only be claimed over land that is not registered or where the registered owners cannot be found. If the squatter makes use of the land that a rightful owner later comes forward for, then they can claim for compensation based on the usage of the land.
Squatting and squatters’ rights are complicated issues, and it’s essential to understand the legalities associated with them before making any decisions. It is crucial to note that squatting is illegal in England and Wales, and property owners have the right to take legal steps to evict squatters. Additionally, the adverse possession laws are stringent, and making a successful claim can be challenging. Ultimately, it’s always best to work with a reputable lawyer who can help resolve these delicate legal matters with minimum complications.