If you are made aware of squatters or unlawful occupiers in your commercial property or on your land, you require an order from the Court in order to remove them. In some cases, the trespasser will not dispute your entitlement to recover possession and the procedure will be straightforward. However, if the trespasser does dispute your entitlement to the land/property, there will need to be a full hearing before a judge. This is a complex area of property litigation law, and our solicitors in Essex and London are experts in handling cases such as this. It is advised to not to remove the trespassers yourself as you may be committing an offence.
Initial steps to removing squatters/trespassers
As a starting point, you will need to provide evidence to show the Court that:
- You own the land or property
- There are indeed trespassers on your commercial property or land
An application will then need to be made to the Court and a date will be fixed for the hearing. You will have to serve the trespassers with a copy of the application; this is usually carried out by instructing a process server.
If the unlawful occupiers do not attend the hearing, the Court will usually make an order in your favour granting you immediate possession. If the trespasser then refuses to leave voluntarily, you will need to get a Bailiff involved to remove them from the commercial premises or land.
If the trespasser attends the hearing and persuades the Court they may have a legal right to remain in the property, the Court will then usually fix a date for a longer hearing in which both parties will have the opportunity to put forward their arguments. In all, this is an extremely complex area of law and seeking expert legal advice is thoroughly recommended.
