Obtaining Possession From A Trespasser
10 mins readA trespasser, often known as a squatter, is either someone who has entered a property without consent from the person entitled to possession, or, someone who has entered the land lawfully with permission, but the permission has been withdrawn and they remain on the property unlawfully.
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A trespasser, often known as a squatter, is either someone who has entered a property without consent from the person entitled to possession, or, someone who has entered the land lawfully with permission, but the permission has been withdrawn and they remain on the property unlawfully.
If instructed, Kew Law LLP will consider who has the right to possession and then go on to decide what method can be used to obtain possession.
Whilst being able to recover possession of a property without Court proceedings is a possibility, in most cases, the safest approach, to ensure that no criminal offence is committed, is to obtain a Court order.
The Civil Procedure Rules govern possession claims against trespassers and here at Kew Law LLP, we can attend to the necessary paperwork for you. Whilst in most civil claims there is a pre-action protocol to be followed, for trespassers, there are no such specific protocols. In reality, when there is a trespasser, there is an urgent need to obtain possession and, as such, as long as the trespasser has been asked to vacate before proceedings are issued, this is normally sufficient.
1. Is there a process that needs to be followed?
As with all Court proceedings, a process needs to be followed. Civil Procedure Rule 55 governs this process. It is important to note that the process of dealing with a trespasser is different to normal possession claims. For example, there are specific service provisions relating to trespassers that need to be followed which is often because the actual occupier or trespasser’s identity is unknown.
2. What if the trespasser does not attend the hearing?
A possession order can still be made in the absence of the trespasser and, generally, will be an immediate order for possession if the Court is satisfied that the Claimant is entitled to possession. Awarding costs to the Claimant here can be an issue as a costs order cannot be made against a Defendant if their identity is unknown.
As with all possession orders, if the trespasser does not leave when ordered to by the Court, then a writ or warrant of possession will be needed in order to obtain possession. Here at Kew Law LLP, we will be able to advise you on what we consider to be the quickest and most effective way of obtaining possession of the property.
3. Focusing on the civil procedure of obtaining your property
Whilst being a trespasser can result in criminal offences, please note that we are not criminal Solicitors here at Kew Law LLP. Our aim is to follow the civil procedure of obtaining possession of the property as opposed to prosecuting any trespasser for a criminal offence. Specific advice regarding any specific criminal offence should be sought from a criminal Solicitor.
Want more advice on obtaining possession of your property?
Here at Kew Law LLP, we would invite you to contact one of our landlord and tenant Solicitors here who can offer a fixed fee initial consultation to discuss your particular requirements in relation to a commercial tenancy.
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Jennifer Hardy
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