Trespassers and Squatter Eviction

What it means

“I know that navigating property disputes can be daunting. That’s why I pride myself on providing a personalised and strategic approach to every case. I’m here to guide and support you every step of the way.”

James Naylor
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Trespassing is when someone enters a property without the necessary permission. Trespass can take different forms such as:

  • Leaving unwanted property on someone else’s land;
  • Encroaching on a neighbour’s land in a boundary dispute;
  • Squatting when someone enters private property without permission in order to live there.

Squatting gives property owners cause for concern. Unwanted occupants constitute a nuisance and may inflict damage on the building. If they settle for over 10 years, they may take control of the land and even apply for ownership through adverse possession.

Can you remove squatters by force?

It is a criminal offence to use, or threaten to use, violence to gain entry to a property. The safest approach is to obtain a court order to remove squatters.

How do I remove squatters from my property?

Need to know how to evict trespassers from private property? There are two routes to recovering possession:

  1. A claim for possession of property

    The possession proceedings procedure must be used to remove squatters. Although there is a specific trespasser procedure, it is the same process used to evict a tenant.

    Following a hearing, the court will make an order for possession requiring the squatters to vacate the property by a specified date.

    If the squatters refuse to do so, the property owner will need to apply for either:

    • A warrant for possession to instruct bailiffs to evict the squatters; or
    • A writ for possession to instruct High Court Enforcement Officers to evict the squatters (this may result in a quicker eviction).

    If used alone (without the IPO), this procedure allows for a claim for damages to be made against the squatters.

  2. An interim possession order (IPO);

    In combination with an application for possession, a property owner can apply for an IPO. This provides a specific procedure to quickly remove squatters.

    An application for an IPO can be made if the property owner takes action within 28 days of finding out about the squatters.

    If successful, the IPO will usually be granted within a few days. After being served with an IPO, the squatters must leave the property within 24 hours. If they fail to do so, they can be arrested.

    Although the IPO provides for a speedier route, it does not allow for a property owner to make a claim for damages against the squatters.

    It is important you act fast and evict squatters as a matter of urgency. As squatter eviction solicitors, we can assist with the IPO, the claim for possession and/or damages, as well as providing expert legal advice about your rights and restrictions in your particular case.

Can I prevent someone from trespassing?

If there is a threatened trespass, it may be possible to seek a quiet timet injunction to prevent the trespass entirely.

A property owner can rely on evidence of a threat, by way of an example, as any of the following

  • Intimidation or an aggressive atmosphere towards the property owner or others;
  • A risk of the trespassers being willing to break criminal law;
  • A need to keep the trespassers away from parts of the property for their own safety.

Evidence in support of an application might include, for example, video evidence and social media posts and activity.

We can help you obtain a quiet timet injunction to prevent a trespass from happening.

With you every step of the way

We’re here to take your side, guide you through the intricacies of litigation, resolve disputes efficiently and help you achieve the best outcome for you.

Why clients choose us

Clear advice you can trust

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Nick Gowing
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Naylor's were brilliant! They managed a really tricky third party and their legal teams with great skill and calmness. If I ever get into a property bind again, I absolutely know who to call. Thank you!!!
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Lynn Grimes
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I cannot recommend these solicitors highly enough. Their attention to detail was exceptional and their advice and support was invaluable. They helped me personally as well as legally to navigate with very difficult opposition and my case had a very satisfactory conclusion, I couldn’t have done this without them!
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Dmitrii Borovik
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I would like to thank Naylor Solicitors for their qualified legal support. The specialists demonstrated deep expertise and a responsible approach, carefully guiding me through every stage of the process. I especially value their client-focused attitude and prompt responses. I can confidently recommend this company as a reliable and professional partner.
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Poeimax
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Very thorough, professional, supportive and sensitive
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Kate B
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Excellent service from Naylor Solicitors. They helped my sister and i with a nasty family dispute regarding a false claim of rent arrears. They were flawless in their pursuit of our case guiding us every step of the way. Their diligence was 2nd to none resulting in a great outcome for us. Special thanks to James and to Andrew who was unwavering with his knowledge support and kindness. Their expertise in this matter was outstanding and we can't thank them enough for helping us win the day. I would not hesitate to use Naylor Solicitors again and I would highly recommend using them to anyone. Thank you so much, we are so grateful ,you helped us when nobody else would. Kind regards Christine & Katherine
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Geraldine Barnes
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Dominika Libova Dominika was incredibly experienced and guided us with clarity and empathy through the whole daunting process. Her understanding, clear communication, solid and confident advice made us feel that we were in safe hands. We can recommend her highly.
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Nigel Moniz
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Outstanding top class service received from both Jonathan and Gurcharan and admiration for their professionalism from the initial to final stages. My tenants were evicted swiftly through a series of direct actions. Good communication between client and options explained concisely throughout every stage. Recommend for any property litigation dispute.
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Olu Olufote
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Very excellent service received from Dominika and the rest of the team at Naylor. Professional and supportive all through. Highly recommend
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Alan James
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Although a fully qualified Building Surveyor (retired) I required legal advice on a Party Wall matter. Following a meeting with Nina Khan I would have no hesitation in recommending Naylor Solicitors LLP.