RESIDENTIALlettings
order which then can be legally enforced. This provides that persons (including
Squatters are protected from harassment corporate bodies) are entitled to the
and owners who take the law into their peaceful enjoyment of their possessions
own hands could face prosecution under and that no-one can be deprived of those
the Protection from Eviction Act. possessions except where it can be shown
Until the Land Registration Act 2002 to be in the public interest and to the
(LRA 2002) was brought into force on 13 conditions provided by law.
October 2003, it was possible for a squatter Two cases worked their way through the
to acquire possessory title to any land, domestic courts and one went to the
whether registered or not, at the Land European Court of Human Rights. For a
Registry. The Limitation Act 1980 provides while, these cases and their various
that no action shall be brought to recover judgments muddied the waters. However,
any land after the expiration of a specified with the introduction of the LRA 2002 the
period, which is usually 12 years. position concerning registered land is now
“Limitation… extinguishes the right of the clear. Squatters need to apply to the Land
true owner to recover the land, so the The £6m Mayfair mansion ‘squat’. Registry to deprive the legal owner of
squatter’s possession becomes If they’d kept their heads down, it registered land and there is plenty of
impregnable, giving him a title superior to could’ve been all theirs in 12 years! opportunity for the owner to defeat the
all others.” (Buckinghamshire County squatter’s attempt to acquire ownership.
Council v Moran [1990].) as the registered legal owner and any As for unregistered land, the Limitation
In relation to unregistered land, the registered mortgagee. If the registered Act 1980 still applies and if the squatter can
position has not changed since the LRA interested parties consent, do not object or demonstrate the requisite period of actual
2002 came into force, so a squatter on do not reply at all within a given period, possession (usually 12 years) together with
unregistered land may be able to deprive then two years on the squatter will be the intention to possess without consent
the landowner of his property if he can registered as the legal owner. The two year and use inconsistent with the legal owner’s
show continued possession for the delay period is designed to allow sufficient present or intended use, his title is at risk.
requisite period and during that time: time for possession of the land to be The law is not incompatible with the
recovered from the squatter. Given that the Convention since it is in the public interest
•
He has had actual possession of squatter’s application will prompt to time bar stale legal claims.
the land notification to the registered interested These are the steps to follow to protect
•
He intended during that period to parties that the application has been made, against loss of ownership to squatters:
possess the land to the exclusion of it is essential that the owners’ contact
others including the legal owner details are up to date on the Title Register.
•
•
An application for voluntary fi rst
Occupation was not with the land- Unless the landowner is content for the registration to the Land Registry so
owner’s consent squatter’s application to be accepted by the that the protection and notifi cation
•
His use of the land was inconsistent Land Registry, the landowner should provisions of the LRA 2002 apply.
with the owner’s present or object to the application and either create a
•
Periodic inspection of the property.
intended use formal arrangement with the occupier
•
A check with the Land Registry to
such as a tenancy, so that the occupation is ensure that contact details are correct.
Owners of unregistered land should therefore by way of consent and no longer
•
Fixing and adequate identifi cation of
therefore carry out inspections to check for adverse possession, or take proceedings to boundaries to avoid disputes.
squatters and should consider voluntary recover possession. If the squatter’s
•
If a squatter is in possession, the grant
registration at the Land Registry to bring application is refused but the squatter of a lease or licence so that the squatter
the property within the framework of the remains in adverse possession for a further is no longer in adverse possession.
LRA 2002 as this was enacted primarily to two years then he/she will be entitled to
•
Court proceedings to obtain a
promote the concept of ownership through reapply to be registered and that possession order.
registration at the Land Registry, rather application will be granted whether or not
•
Eviction of the squatter pursuant to
than by paper title or possession. the registered owner objects. The purpose a judgment for possession.
From 13 October 2003, transitional of the two year period is to enable the
provisions applied to those cases where the registered owner to evict the squatter and Whilst the economic downturn has seen
limitation period of adverse possession had if the landowner fails to utilise the two year an increase in squatting and it is a potential
already ended. For claims arising after 13 period, then the squatter is entitled to problem, squatters have few rights against
October 2003, the squatter is required to become the registered owner. an alert and prudent landowner who can
apply to the Land Registry for registration Following its introduction in October use the law both to evict squatters and
as the new proprietor of the land and to 2003, some commentators hoped that the prevent loss of ownership.
supply evidence that he has been in Human Rights Act 1998 which
possession on an adverse possession basis incorporates the provisions of the Stephen Whittaker, Property Dept, Weightmans
for at least 10 years. European Convention on Human Rights LLP. Stephen.whittaker@weightmans.com
On receipt of a squatter’s application, the into UK domestic law, would serve in some
Land Registry will notify all those who way to protect landowners against claims
Any squatter stories to share?
hold a registered interest in the land such for adverse possession under Article 1.
www.propertydrum.com/articles/squatters
PROPERTYdrum JULY-AUGUST 2009 61
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