May 26th, 2009
You may be forgiven for thinking that as a landlord/landowner that if squatters turn up on your land that there will be endless options available to you for the their removal. The reality is rather different. Below are some of the commonly perceived options and the truth behind them.
- Police - Generally not all that interested seeing the problem for what it is a civil matter and not a criminal matter. That said give them a call and see if they will lend a hand.
- Right of self help (evicting using ‘reasonable’ force) - Generally not recommended as owners may use too much force and find themselves being arrested, use too little and find themselves being removed themselves from their property. To add insult to injury the owner may face a claim for damages from the squatters!
- Interim possession orders - Sounds like a great idea, but here is the rub…they are more complicated, in the majority of cases slower, on the whole certainly less effective than the standard order for possession detailed below at paragraph 4.
- Order for possession - Relatively quick, the court hearing generally taking place within a few days after proceedings have been issued. It is difficult to frustrate a claim by the landlord for possession and those squatters who try often find themselves on the losing side of a court order. It is crucial that the process is strictly followed, the paper work is almost invariably on the large side so it is important to get it right from the outset. To avoid disappointment advice should always be taken from a qualified solicitor who specialises in this area of the law. To take advice from any other source would be folly and potentially a lot more costly than the advice in the first place!
The recipe for a quiet summer is to take the necessary steps to avoid falling victim to the squatters and if they do arrive to act quickly and within the law to minimise disruption, damage and cost.
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March 30th, 2009
Having already discussed how to keep squatters at bay, it is important to know what to do if they do manage to get onto your land or into your property.
- Ask the police to move them on. Whilst this may not prove successful it will put the squatters on notice that you are aware of their presence and that you are serious about removing them.
- Never provide monetary or other incentives to the squatters. Our experience tells us that this only encourages them to holdout for more. What is more, if they do leave leave then do not be surprised if other squatters turn up asking for more.
- Try to ascertain names of individuals or car registration numbers. This may well protect you later should the squatters return
- In the days after eviction closely monitor the property/land to ensure that the squatters do not return.
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March 19th, 2009
Traditionally summertime sees a sharp rise in the number of squatters trespassing on land, particularly empty properties, car parks and open land. It important for landlords to be able to minimise their vulnerabilty to squatters and secure a quick eviction.
‘Prevention is better than cure’. How to keep squatters out.
- Where possible do not erect To Let/For Sale signs (this is an open invitation to squatters);
- Do erect signs saying ‘Private Property’;
- Do inspect your land/property/site regularly and ensure any activity is reported and noted
- Do be vigilant, especially to local squatter activity. Some squatters are extremely organisied and pass imformation between themselves as to what land is currently vacant.
- Do consider security measures. It is not unusual for squatters to be evicted only to return immediately back to the same site.
- Do make the property unattractive from the outset (eg, turn off the utilities when the site is not in use)
For further information on evicting squatters see our website www.landlordrecoveries.co.uk for more details.
See our article ‘what to do once squatters arrive’.
Tags: squatters
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