Whether you own a plot of land or a vacant commercial building, in this post we’ll explore how you can prevent squatters from occupying your property. We’ll also discuss how you can remove squatters from your property should they move in.
If you’ve any questions or concerns about your commercial insurance needs, we have a team of experts on hand to assist. Contact us on 020 8290 9080 or email business@anthonyjones.com.
What are Squatters Rights?
When people talk about “squatters rights”, they’re talking about a legal doctrine known as “adverse possession”. Adverse possession allows an individual to claim ownership of land having occupied it for a specific length of time. The principle can apply to commercial properties just as it can apply to residential properties.
A squatter cannot simply occupy a patch of land, or a building, and then claim “squatters rights”. They must meet a series of stringent legal tests before they can make an adverse possession claim. For instance, they must have occupied the property continuously for a statutory period, which can be up to 12 years.
You can read the full government guidance on “squatters rights”.
If squatters do occupy your property, then it’s of course in your best interests to remove them as soon as possible. But rest assured that the law will be on your side.
How to Prevent Squatters From Occupying Your Commercial Property
The best way to prevent squatters from occupying your vacant land or buildings is to avoid keeping your commercial property vacant for extended periods.
If for any reason you’re unable to lease the property for the foreseeable future, then you could enlist a “property guardian” to temporarily live at the premises. This will have the added bonus of helping you avoid paying business rates on your unoccupied commercial property.
Beyond this, it’s simply a case of keeping your vacant commercial property as secure as possible, with locks, roller shutters, CCTV, alarms, floodlights, and even onsite security staff. You can read about some key security considerations in our guide to writing a risk assessment for your vacant commercial property.
How To Remove Squatters From Commercial Property
Do not try to remove the squatters yourself, using force or the threat of force. As well as being potentially dangerous, this would itself be a crime.
Remember, the law is on your side when it comes to squatters, so it’s important that you use all available legal channels to remove the squatters from your commercial property.
Interim Possession Order (IPO)
You can apply for an IPO if it’s been 28 days or less since you found out there are squatters on your commercial property. This involves filing an IPO application with your local county court. The court should get in touch within a few days, and they should send you some documents that you must pass on to the squatters within 48 hours.
Once a squatter’s received an IPO, they face imprisonment if they do not leave your property within 24 hours. They can also get arrested and imprisoned if they then return to your property within the next 12 months.
Once the squatters have left, you should then make a claim for possession, which will finally secure the property in your name. You must also make a claim for possession if it’s been 28 days or more since you discovered the squatters on your commercial property.
Can You Call The Police on Squatters?
It’s technically not a crime for someone to be on your non-residential property without your permission. This means that you may not be able to call the police on your squatters – an IPO or a claim for possession should be your first move.
However, the police can intervene if the squatters commit crimes while entering or remaining on your commercial property.
When You Can Call The Police on Squatters
You can call the police if the squatters:
- Caused damage when forcibly entering the property, such as through smashing locks or breaking windows.
- Cause damage while on the property. If they’re squatting on land, this might include lighting unauthorised fires.
- Steal from the property. If the property’s vacant then there may not be any valuables onsite. But it’s still illegal to steal fixtures and fittings.
- Use utilities such as electricity or gas without permission. This means you may be able to convince the police to take action if squatters as much as turn the lights on while occupying your property.
- Fly-tip.
- Ignore noise abatement notices.
And of course, it’s also illegal to refuse to leave a property having been instructed to do so by a court. So if the squatters still don’t leave having been served with an IPO, you can then call the police.
Keeping Your Commercial Property Safe
Joe Penny, Associate Director says:
“If you get squatters on your commercial property, whether it’s a plot of land or a building, then it’s important to act fast. Respond within 28 days and you can apply for an IPO, which means the squatters will get a court order to leave.
“But of course, it’s best to prevent squatters from entering your commercial property in the first place. Robust security procedures as part of a comprehensive risk management policy can help you secure your commercial property against squatters and other unwelcome visitors.
“If you can evidence your risk management policies, you could then make a saving on your commercial property insurance. At Anthony Jones, we can advise you on the steps you can take to keep your property safe, and we can then help you access the comprehensive cover you need at a competitive price.”
If you’ve any questions or concerns about your insurance needs, we have a team of experts on hand to assist. Contact us on 020 8290 9080 or email business@anthonyjones.com.
