squatting on residential property and the law

[Ashley Hill]

Greetings!
On another thread in this forum. 2 very interesting read about how squatting residential property is a criminal offence. However bough of them do not make any sence
Because the read from shelters web site are saying that squatting on residential property is only an offence if there is residential occupier all ready there (or someone that intends to)
From this link https://england.shelter.org.uk/profe..._a_court_order
The link quotes the following

A squatter commits a criminal offence if:[1]

• s/he has been requested to leave the premises by (or on behalf of) a displaced residential occupier or a protected intended occupier, and
• s/he does not leave.

A person guilty of an offence can be imprisoned and/or fined. A uniformed police constable with reasonable cause to believe that a person is guilty of an offence under this section can arrest the person without a warrant.

However, s/he will have a defence if it can be proved that:

• the trespasser did not believe the person making the request was a displaced residential occupier or protected intending occupier (or a person acting on their behalf)
• the premises which s/he was trespassing were not used for residential purposes, or
• the protected intending occupier or her/his agent failed to produce the statement or certificate outlined above.

The offence does not apply to anyone who entered the premises lawfully, such as a tenant or licensee who became a trespasser after the end of her/his tenancy or licence.

For the purposes of this offence residential premises includes any land (or buildings on that land) ancillary to the premises such as the garden or a shed.[2]


However the other artical or the act its self. There is no mention of this in it
https://www.legislation.gov.uk/ukpga...on/144/enacted

Have Shelter got this wrong?

[Ashley Hill]

A few weeks ago I came across an abandoned house in a near by town from hear. There was a padlock placed over the porch door. I knocked on one of the neighbours doors and asked the lady who owned the property next door, she said it was someone that has died and her sister was going to take it, then she died, its been like that for a while now she said. I then asked her who put the padlock on, she said the solicitor put the pad lock on, I asked her who the solicitor was, she said I do not know

I then knocked on the other neighbours door and asked if he know anything about it, he did not want to talk about it, all he said is that we are buying it. He would not give the name of the landowner nor the name of the solicitor who put the pad lock on (he was very dubious and dishonest about it all). He said he was a property developer, but I have my doubts to that one to (more like a bricky if you ask me)

I have just gone to the land registers office, and there is no title deeds showing for the property! Implying it is unregistered

What can i do next to find out who owns it?

Or on the other hand. could I pay a lcoksmith to pick the lock then occupy the property? could the neighbours then call the police and have me arrested and removed from the property or not?

Thanks

[Tofros]

Greetings!
On another thread in this forum. 2 very interesting read about how squatting residential property is a criminal offence. However bough of them do not make any sence
Because the read from shelters web site are saying that squatting on residential property is only an offence if there is residential occupier all ready there (or someone that intends to)
From this link https://england.shelter.org.uk/profe..._a_court_order
The link quotes the following

A squatter commits a criminal offence if:[1]

• s/he has been requested to leave the premises by (or on behalf of) a displaced residential occupier or a protected intended occupier, and
• s/he does not leave.

A person guilty of an offence can be imprisoned and/or fined. A uniformed police constable with reasonable cause to believe that a person is guilty of an offence under this section can arrest the person without a warrant.

However, s/he will have a defence if it can be proved that:

• the trespasser did not believe the person making the request was a displaced residential occupier or protected intending occupier (or a person acting on their behalf)
• the premises which s/he was trespassing were not used for residential purposes, or
• the protected intending occupier or her/his agent failed to produce the statement or certificate outlined above.

The offence does not apply to anyone who entered the premises lawfully, such as a tenant or licensee who became a trespasser after the end of her/his tenancy or licence.

For the purposes of this offence residential premises includes any land (or buildings on that land) ancillary to the premises such as the garden or a shed.[2]


However the other artical or the act its self. There is no mention of this in it
https://www.legislation.gov.uk/ukpga...on/144/enacted

Have Shelter got this wrong?

If you read the Shelter info carefully, it was written prior to 2012 and mentions that the law was due to change with effect form 1 Sept 2012. Since that dare squatting in a residential property has been a criminal offence under s144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 regardless of whether it is the owners primary residence.

[atticus]

Ashley Hill you cannot legally occupy this property without consent of the owner. You must continue your enquiries to find that owner.

[Ashley Hill]

Ashley Hill you cannot legally occupy this property without consent of the owner. You must continue your enquiries to find that owner.

Did you read the OP. the owner is dead!

[Ashley Hill]

If you read the Shelter info carefully, it was written prior to 2012 and mentions that the law was due to change with effect form 1 Sept 2012. Since that dare squatting in a residential property has been a criminal offence under s144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 regardless of whether it is the owners primary residence.

but where did shelter get that info from anywhay?
Surly they should of taken it down

[atticus]

There is always an owner. Dead people have heirs.

[Ashley Hill]

There is always an owner. Dead people have heirs.

his hair was his sister who is two is dead! Sure there will be other bloodlines. But it is my understandig that if no hair can be found (Like in this case) The Duke of Lancaster and the The Duchess of Cornwall come along and steel the land as the Crown

[Ashley Hill]

Bona Vacantia (Ownerless Property)