How to claim squatters rights.
Discussion
I know of an empty house nearby, I have tried to contact the owner through the land registry to buy it with no response.
It has been that way for a year, and I did a little bit of work to stop it becoming derelict ( fixed broken window that was leaking )
What do I have to do to start the claim for squatters rights ?
It has been that way for a year, and I did a little bit of work to stop it becoming derelict ( fixed broken window that was leaking )
What do I have to do to start the claim for squatters rights ?
On one side of the coin - its somebody elses house, they have paid for it etc.
On the other side :
It is right on the cusp of becoming a squat for someone else, burned out by kids or trashed completely.
If this happens 2 doors up from me, this will be a real pain, devalue my property and be a fire risk to my home. If I dont own it, it nothing that can be done, if the owner cannot be contacted nothing will happen. If you have ever seen how fast a house goes once a certain element become aware of it, or how quickly a house will rot once the windows are smashed and it is no longer watertight, you would not want this happening.
So I am locked into looking after the place. If I do so, can I expect anything in return - after 7 years do I have rights over it ? I am not looking to squat in it, just make sure the house next door is looked after. If we can ever find the owner, be sure that he will be thanking me for doing so.
I had a search done by an proffesional agency I know of that finds people, normally for debt, and they could not find a trace of the owner. Assume they must be an overseas person.
On the other side :
It is right on the cusp of becoming a squat for someone else, burned out by kids or trashed completely.
If this happens 2 doors up from me, this will be a real pain, devalue my property and be a fire risk to my home. If I dont own it, it nothing that can be done, if the owner cannot be contacted nothing will happen. If you have ever seen how fast a house goes once a certain element become aware of it, or how quickly a house will rot once the windows are smashed and it is no longer watertight, you would not want this happening.
So I am locked into looking after the place. If I do so, can I expect anything in return - after 7 years do I have rights over it ? I am not looking to squat in it, just make sure the house next door is looked after. If we can ever find the owner, be sure that he will be thanking me for doing so.
I had a search done by an proffesional agency I know of that finds people, normally for debt, and they could not find a trace of the owner. Assume they must be an overseas person.
Okay put yourself in my shoes - there are 3 options.
1. I do nothing. I leave the house to become derelict, the council make token effort of boarding windows up. The house rots, pulling down the the value of my property all the time, and then gets set on fire/collapses.
2. I make basic efforts to ensure the house is not derelict, and make no claim or other action. Forever. I will cost me a lot of time and money to do this, would you want to do this in perpituity ?
3. I make basic efforts to ensure the house is not derelict and claim the house after 10 years, at which point I will sell it. Yes to my financial benefit, but if the house has burned/fallen down as per option 1 - would the orignal owner, if he is even out there, be any worse off ? no, he would not have a house in option 1.
Which do you choose ?
1. I do nothing. I leave the house to become derelict, the council make token effort of boarding windows up. The house rots, pulling down the the value of my property all the time, and then gets set on fire/collapses.
2. I make basic efforts to ensure the house is not derelict, and make no claim or other action. Forever. I will cost me a lot of time and money to do this, would you want to do this in perpituity ?
3. I make basic efforts to ensure the house is not derelict and claim the house after 10 years, at which point I will sell it. Yes to my financial benefit, but if the house has burned/fallen down as per option 1 - would the orignal owner, if he is even out there, be any worse off ? no, he would not have a house in option 1.
Which do you choose ?
Edited by ExPat2B on Friday 4th January 14:45
okogo, with option 2, after say 15 years, the house is going to need major work. The roof will need looking at, all the windows will need re-doing, any external woodwook will be rotten, paint will have gone.
An unheated house will get damp and mould and internal woodwoork will start to rot.
You would be looking at putting down 10k just to stop it falling down.
To honest, I am thinking of smartening it up so there is no sign it is vacant, and selling my house before it damages the value.
An unheated house will get damp and mould and internal woodwoork will start to rot.
You would be looking at putting down 10k just to stop it falling down.
To honest, I am thinking of smartening it up so there is no sign it is vacant, and selling my house before it damages the value.
From Wiki :
In England and Wales, adverse possession has been governed by section 15 of the Limitation Act 1980, since 1 May 1981.[2] The limitation period for the adverse possession of land is 12 years in virtue of Section 15(1).[3]
The position of a registered landowner has been greatly improved since the coming into force of the Land Registration Act 2002. Where land is registered, the adverse possessor may apply to be registered as owner after 10 years of adverse possession and the Land Registry must give notice to the true owner of this application. This gives the land owner a statutory period of time [65 business days] to object to the adverse possession, after which the true owner usually will have a further two years in which to evict the adverse possessor. This effectively prevents the removal of a land owner's right to property without their knowledge.
Where a tenant adversely possess land, there is a presumption that they are doing so in a way that will benefit their landlord at the end of their term. If the land does not belong to their landlord, the land will become part of both the tenancy and the reversion. If the land does belong to their landlord it would seem that it will be gained by the tenant but only for the period of their term. [4]
[edit] Squatter's rights
Adverse possession is sometimes called "squatters' rights". If the squatter abandons the property for a period, or if the rightful owner effectively removes the squatter's access even temporarily during the statutory period, or even gives his permission, the "clock" usually stops. For example, if the required period in a given jurisdiction is twenty years and the squatter is removed after only fifteen years, the squatter loses the benefit of that 15 year possession (i.e., the "clock" is re-set to "zero"
. If that squatter later retakes possession of the property, that squatter must, in order to acquire title, remain on the property for a full twenty years after the date on which the squatter retook possession. In this example, the squatter would have to have held the property for a total of 35 years (the 15 original years plus the 20 later years) to acquire title.
However, one squatter may pass along continuous possession to another squatter, known as "tacking", until the adverse possession period is complete. A lawful owner may also restart the "clock" at "zero" by giving temporary permission for the occupation of the property, thus defeating the necessary "continuous and hostile" element. Evidence that a "squatter" paid rent to the owner would defeat adverse possession for that period.
In England and Wales, adverse possession has been governed by section 15 of the Limitation Act 1980, since 1 May 1981.[2] The limitation period for the adverse possession of land is 12 years in virtue of Section 15(1).[3]
The position of a registered landowner has been greatly improved since the coming into force of the Land Registration Act 2002. Where land is registered, the adverse possessor may apply to be registered as owner after 10 years of adverse possession and the Land Registry must give notice to the true owner of this application. This gives the land owner a statutory period of time [65 business days] to object to the adverse possession, after which the true owner usually will have a further two years in which to evict the adverse possessor. This effectively prevents the removal of a land owner's right to property without their knowledge.
Where a tenant adversely possess land, there is a presumption that they are doing so in a way that will benefit their landlord at the end of their term. If the land does not belong to their landlord, the land will become part of both the tenancy and the reversion. If the land does belong to their landlord it would seem that it will be gained by the tenant but only for the period of their term. [4]
[edit] Squatter's rights
Adverse possession is sometimes called "squatters' rights". If the squatter abandons the property for a period, or if the rightful owner effectively removes the squatter's access even temporarily during the statutory period, or even gives his permission, the "clock" usually stops. For example, if the required period in a given jurisdiction is twenty years and the squatter is removed after only fifteen years, the squatter loses the benefit of that 15 year possession (i.e., the "clock" is re-set to "zero"
. If that squatter later retakes possession of the property, that squatter must, in order to acquire title, remain on the property for a full twenty years after the date on which the squatter retook possession. In this example, the squatter would have to have held the property for a total of 35 years (the 15 original years plus the 20 later years) to acquire title.However, one squatter may pass along continuous possession to another squatter, known as "tacking", until the adverse possession period is complete. A lawful owner may also restart the "clock" at "zero" by giving temporary permission for the occupation of the property, thus defeating the necessary "continuous and hostile" element. Evidence that a "squatter" paid rent to the owner would defeat adverse possession for that period.
http://www.doncaster.gov.uk/Living_in_Doncaster/Ho...
If only my council was as active as Doncasters !
If you have an empty property in your street that is causing concern, email us on the link provided below, telephone us, or use the e-form below and:
We will visit the property
We will contact the owner and ask their intentions for the property
We will offer advice and assistance to the owner to help bring the property back into use
All necessary action, legal or otherwise, will be taken to return the property into use.
The empty property strategy is currently under review.
Since my council have done none of this, I guess they will take the easy option which is :
Other types of actions available to a Council when dealing with an empty house.
The Authority may also make a Closing order on the property if it is unfit prohibiting it from use from human habitation. This may result in the property becoming boarded up and consequently blighting the area and as such is not always the preferred course of action. (Often used for mid terrace and semi-detached properties.
If only my council was as active as Doncasters !
If you have an empty property in your street that is causing concern, email us on the link provided below, telephone us, or use the e-form below and:
We will visit the property
We will contact the owner and ask their intentions for the property
We will offer advice and assistance to the owner to help bring the property back into use
All necessary action, legal or otherwise, will be taken to return the property into use.
The empty property strategy is currently under review.
Since my council have done none of this, I guess they will take the easy option which is :
Other types of actions available to a Council when dealing with an empty house.
The Authority may also make a Closing order on the property if it is unfit prohibiting it from use from human habitation. This may result in the property becoming boarded up and consequently blighting the area and as such is not always the preferred course of action. (Often used for mid terrace and semi-detached properties.
I just did a search of local news and fire department sites.
7 incidents of fires involving derelict houses in the past 2 months. 3 of those with drugs connections. 2 deaths.
3 other fires with no derelict connections. 1 barn with kid and a lighter, a chimmeny fire at a pub and a block of flats.
Great, no danger to me or my family then if I let it rot.
Seriously considering the move option - its 700 quid solicitors fees + van at 1000 quid + + + + + + + + so how you can say no financial loss is beyond me, have you ever moved house ?
7 incidents of fires involving derelict houses in the past 2 months. 3 of those with drugs connections. 2 deaths.
3 other fires with no derelict connections. 1 barn with kid and a lighter, a chimmeny fire at a pub and a block of flats.
Great, no danger to me or my family then if I let it rot.
Seriously considering the move option - its 700 quid solicitors fees + van at 1000 quid + + + + + + + + so how you can say no financial loss is beyond me, have you ever moved house ?
Edited by ExPat2B on Friday 4th January 16:22
http://hantsfire.gov.uk/stories.htm?newsid=32407
Yea, the counicl is *well* on top of this problem.
fireproof my arse.
Yea, the counicl is *well* on top of this problem.
fireproof my arse.
I know how to deal with it and protect against the dangers - thats easy.
I look after it.
No-one else, including the council is going to do anything about it, no matter if I badger, doorstep or harrass them.
What really gives you away as idiots, is the comment above about "I would ignore it as it poses no danger " which is complete rubbish which ever way you might spin it.
I look after it.
No-one else, including the council is going to do anything about it, no matter if I badger, doorstep or harrass them.
What really gives you away as idiots, is the comment above about "I would ignore it as it poses no danger " which is complete rubbish which ever way you might spin it.
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