Trespassers and Squatters

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?

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. 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.

We’re with you, every step of the way.

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

Testimonials

Our team is composed of dedicated and accomplished legal professionals, each bringing their unique expertise to the table.

 
 
 
  
 
 
 
 Mustafa Kalaycı 
 
 
 Mustafa Kalaycı 
 
21/01/2024
 
 
  
The most honest, hardworking, and fully professional law firm I have encountered or worked with. Despite speaking different languages, they effectively understand you through their interpreters, find the best advisors to assist you, and acquire the necessary information. They create a friendly, family-like atmosphere with a straightforward approach, particularly in litigation expertise. My gratitude goes to all the staff involved, especially James Naylor and Jenny Cheung, for their dedication. Thanks for everything.  Mustafa KALAYCI
  
 
  
 
 
 
 Pauline 
 
 
 Pauline 
 
12/09/2023
 
 
  
I used Naylor Solicitors to help us purchase  our freehold. It wasn't as straightforward as we'd hoped as the previous freeholder and his solicitors were difficult to deal with (not responding to calls or emails etc,) which delayed things. At one point the freeholder threatened to pull out of the sale despite previously agreeing. Our solicitor Adam was swift in his response, reminding the other side that we had a verbal agreement and that they were risking us taking  legal action in that regard.  He was then able to make sure the sale went through as agreed.
I highly recommend Naylor Solicitors.
  
 
  
 
 
 
 Simon Grey 
 
 
 Simon Grey 
 
06/09/2022
 
 
  
We found Naylors after talking to a few solicitors and they sounded the most knowledgeable. They helped us with a neighbour dispute. Dominika was fabulous throughout, and we were able to resolve a long standing issue. We would like to thank Dominika for all her help and support.
  
 
  
 
 
 
 Simon Hill 
 
 
 Simon Hill 
 
09/04/2022
 
 
  
I was the main client contact of 60+ objectors on a breach of restrictive covenants case in Hertfordshire lasting several years. Naylors had been recommended by our QC and were superb throughout. We won the case convincingly. Would certainly recommend them.
  
 
  
 
 
 
 Farook Paracha 
 
 
 Farook Paracha 
 
07/01/2022
 
 
  
Dedicated and professional firm with the Clients interest at the forefront. Clear and unambiguous advice for a complicated legal matter expanding over several months. Naylor’s agreed to represent us  clients at a time when we had completely lost all hope from keeping our property safe from forfeiture. We couldn’t see the light at the end of the tunnel. Despite this we always felt confident and in control with the quality of advice and our legal cost. I would definitely recommend Naylor’s LLP to everyone I know. Special thanks to Dominika, Nikki & Jasper.
Regards
Farook Paracha
  
 
  
 
 
 
 Frazer A-F 
 
 
 Frazer A-F 
 
23/08/2021
 
 
  
We have been dealing with with Dominika Libova at Naylors for the past year on a dispute, we have been really pleased with the service she has provided. Dominika was approachable, friendly, professional and knowledgable, supporting us every step of the way. Fees were agreed in advance at every stage and where honoured, even reducing fees on a couple of occasions to meet the estimates. I would highly recommend Dominika and the Naylor's team.
  
 
  
 
 
 
 Yannick Schindler 
 
 
 Yannick Schindler 
 
01/06/2021
 
 
  
Dominika and her firm recently secured a good outcome for me in a property dispute and I highly recommend her. Whenever I spoke with Dominika on the phone, it was very clear to me that she had considered the matter very carefully and I was impressed with her attention to detail. I particularly valued her ability to respond very quickly and pragmatically to new, and sometimes unexpected, developments during litigation. She was also very skilled at developing strategies before and during litigation to achieve desired results while keeping costs low. Dominika made the impression of being a very adept and motivated litigator and throughout the entirety of the matter I was very, very happy to have her in my corner.
  
 
  
 
 
 
 claire bryant 
 
 
 claire bryant 
 
16/11/2020
 
 
  
From start to end our experience of Naylor solicitors and Dominkia in particular, was faultless. They are a very professional firm. Dominika was incredibly knowledgeable in this specialist area we sought advice in (ROL), listened and acted upon our wishes, but also was very helpful in guiding us in taking the right course of action. Communication was always timely without any delay and she always made the time to explain matters that we needed extra clarification over. I highly recommend.