March 18, 2011
The Sunday Telegraph backed by a number of MP’s is campaigning for a change in the law relating to squatters following their occupation of various historic buildings in London.
Currently, there is a loophole in the law as it does not make squatting a criminal offence. A civil court possession order is needed before a squatter can be evicted from a property. This can take time and squatters often seek to delay the process by pretending that the ownership of the building is in dispute.
So instead of being arrested, squatters are usually simply asked to move on, allowing them to go on to occupy other properties, leaving a trail of costly court cases and expensive repair bills for which they may never be held responsible.
Furthermore, the Criminal Law Act 1977 prevents home owners from forcing their way back into their homes when they are occupied by squatters as it is a criminal offence to use violence to gain access to inhabited premises. The law on adverse possession also legally allows someone other than the owner of a property to gain possession of it in certain circumstances, after they have occupied it for over ten years.
Squatters can cause thousands of pounds worth of damage to properties, leaving home owners in fear of going away and leaving their properties empty. The recession has increased the number of instances of squatting, as the number of empty properties has risen.
For further information in relation to squatters, please seek the advice of a property solicitor.
