The occupation of a person’s non-residential property without their permission is not a crime in England
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edit: TIL! Thanks for reminding me that if something seems far out, chances are that my understanding just hasn’t caught up.
Probably it’s civil law/tort law, not criminal law. Like, someone can’t go to jail for it, but can be sued over it.
Crimes are only violations of criminal law.
googles
https://en.wikipedia.org/wiki/Trespass_in_English_law
Trespass in English law is an area of tort law broadly divided into three groups: trespass to the person, trespass to goods, and trespass to land.
Sounds like that might be the case.
Trespass in English (and Welsh) law is mostly a civil tort rather than a criminal offence. The circumstances in which it is a criminal offence are usually trespass on educational premises, railway property, protected sites, etc.[failed verification]
Not the case here in the States:
https://en.wikipedia.org/wiki/Trespass_to_land
United States
In most states, a criminal trespass to land is defined by statute and constitutes a misdemeanor. In some states, it may be a felony under certain circumstances (e.g., trespassing on a research facility or school property). Remedies between private parties for trespass may include an injunction or money damages.
He has an abandoned restaurant in Brisbane, Australia too—at least last time I was there not too long ago.
I went a few years back when it opened and it was a let down. Seemed to be run by someone that had no idea how to make a menu and run a restaurant. Solid 6/10. Just “some place”.
According to government guidance, squatters can apply to become the registered owners of a property if they have occupied it continuously for 10 years, acted as owners for the whole of that time and had not previously been given permission to live there by the owner.
Interesting loophole. Can you prove the squatters were not given verbal permission by the owner?
Also, the fact that a group of people can help themselves to a property that is vacant for good reason and have legal protection is kinda bullshit.
I’d say its a lot less bullshit than having empty spaces while people are homeless.
You’re right of course, but the general point stands. Why can they squat in there if its used at all and not just collecting dust?
Also, the fact that a group of people can help themselves to a property that is vacant for good reason and have legal protection is kinda bullshit.
If you have someone living on your property for 10 years without you knowing, that’s your fault. Clearly their presence isn’t that big of a deal.
They have legal protection well before ten years though, this website outlines it.
https://www.complete-ltd.com/landlord-library-squatters-rights/
If the squatter has been in the property for more than 28 days or is in a commercial property, the landlord will need to file a claim for possession in court. This is a more complex process and can take several months to complete.
It sounds like an absolute nightmare if you’re renovating or between tenancies with a commercial property.
That honestly aligns more with what I’ve heard in the past.
I thought the US had a similar set up, but I may be wrong.
I’m curious what the rationale is given for these laws. Is it just a remnant of squatter’s rights, when people could just up and stay in truly abandoned locations until they practically owned it?
