European property law
Squatters' rights in the UK: is squatting illegal, and can a squatter still become owner?
In England and Wales, squatting in a residential building is illegal, and a long-term squatter can still apply to become the registered owner after 10 years, or 12 for unregistered land. Scotland and Northern Ireland follow different rules.
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- Statutory period
- 10 or 12 years
- What's different here
- squatting in a home is a crime in england and wales since 2012
- Statute
- Land Registration Act 2002, Sch. 6; Limitation Act 1980, s. 15
Since 1 September 2012, section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 has made it an offence in England and Wales to live, or intend to live, in a residential building that you entered as a trespasser, knowing or when you ought to know that you are one. A tenant who stays on after a lease ends is not caught. Squatting in a non-residential building or on land is not in itself a crime, but damaging the property or refusing to leave when told to by a court is.
Ownership is a separate question. For registered land, Schedule 6 to the Land Registration Act 2002 lets a squatter who has been in possession for 10 years apply to HM Land Registry. The owner is notified and has 65 days to object, and a valid objection usually ends the application; if the owner then does nothing for two years and the squatter is still in possession, the squatter can apply again and will usually be registered. For unregistered land the period is 12 years under the Limitation Act 1980. In Best v Chief Land Registrar [2015] EWCA Civ 17 the Court of Appeal held that the section 144 offence does not bar an adverse possession claim.
To remove squatters, an owner can apply to the county court for an interim possession order within 28 days of finding out; once it is served, the squatters must leave within 24 hours and stay away for 12 months, or face prison. After 28 days, the route is an ordinary claim for possession. Trying to remove squatters yourself using force or the threat of force is a crime.
Scotland and Northern Ireland differ. Scotland has no adverse possession in the English sense: under the Prescription and Limitation (Scotland) Act 1973, ten years of open, peaceable possession gives a real right only where it follows a recorded or registered deed valid on its face, and lodging in private premises without the owner's consent is an offence under the Trespass (Scotland) Act 1865. In Northern Ireland section 144 does not apply, and simply being on another person's property without permission is not, in itself, a criminal offence.
Where United Kingdom sits against the rest of Europe, in years
Of 31 places in Europe on these pages, 3 have a shorter clock and 10 a longer one or none at all.
How it unfolds
From the day someone moves in to the day a claim is possible
The same three stages in most places. The exact rule, and whether the last stage exists at all, is on each place's own page.
- Day oneMoving inCaught in the act, it is usually a matter for the police: a trespass, not a tenancy.
- Weeks to yearsSettled inOnce someone lives there, removing them usually takes a court order, the same route as for a tenant.
- After 10 or 12 yearsA claim becomes possibleOnly if every test held, without a break, for the whole period. Where the law allows no such claim, this stage never comes.
Not yours to do, once they have moved inChanging the locks, cutting the water or power, or removing belongings yourself. It is illegal in every US state and most places on these pages forbid it too. Each page says how removal works there.
Before it is ever a court case
The record a court asks for, kept as you go
Wherever your property stands, removing an occupant usually comes down to showing who had the right to be there, and since when. Dardaris files every lease, message and document for a building by date, so that record already exists on the day you need it.
- Every lease, with who signed it and when
- Every message with a tenant, on the thread it was sent in
- Every document, filed against the building it concerns
Frequently asked questions
How long is squatters' rights in England?
Ten years of continuous possession before a squatter can apply to register registered land, under Schedule 6 to the Land Registration Act 2002, and 12 years for unregistered land under the Limitation Act 1980. The owner of registered land is notified and can object within 65 days.
Is squatting illegal in the UK?
In England and Wales, squatting in a residential building has been a crime since 1 September 2012 under section 144 of LASPO. Squatting in a non-residential building is not in itself a crime. Scotland has its own offence under the Trespass (Scotland) Act 1865, and Northern Ireland has no equivalent of section 144.
Can a squatter still claim adverse possession in the UK if squatting is a crime?
Yes, in England and Wales. The Court of Appeal held in Best v Chief Land Registrar (2015) that the section 144 offence does not prevent a squatter relying on their possession in an application to HM Land Registry.
Can an owner remove squatters themselves?
Not by force. Using or threatening force to remove squatters is a crime. The lawful routes are an interim possession order, applied for within 28 days of finding out, or a claim for possession, and the police can be called to squatters in a residential property.
Elsewhere in Europe
The same question, on a different clock. Every place sets its own period and its own shortcuts.
This is general information, not legal advice.Laws change, and a county or a city can add its own wrinkle on top of the state rule, the way New York City does. Confirm the current rule for your address before acting on it, and talk to a local attorney before relying on any of it in a real dispute.
Know who is actually in your property, before it becomes a court case.
Hand over one building and see every lease checked against what is actually happening on the ground.
14 days before the first charge · Nothing is switched on until you say so