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RIGHTS TO BE AXED
Persistent squatters could face jail
from next year under Government plans to protect
property. A criminal offence of squatting is to
be established, making it easier to prosecute
louts occupying other peoples houses.
The legal squatters rights used
for decades to stop home owners seizing back
their own property are to be scrapped. Tory
Justice Minister Crispin Blunt said, Too
many people have to endure the misery, expense
and hassle of removing squatters from their
property."
He added, "Home and business owners deserve
a justice system where their rights come
first. High-profile cases have provoked
widespread concerns that squatters are mocking
the law. There is also growing fear that gangs of
squatters from Eastern Europe are targeting
Britain because it is seen as a soft
touch. (Source: Daily Express, Jul/11) |
AWARDED OWNERSHIP
A squatter was awarded legal ownership of a house
valued at £200,000 in south London. He was
allowed to keep his Brixton council home because
the local authority had made no attempt to look
after it during the 16 years he had lived there.
The High Court decision enraged neighbours
because he had paid no rent or council tax for
the property. Leader of Lambeth Council, Jim
Dixon, was contrite, and said, "It's up to
the council to manage all its assets properly and
clearly this has not happened. We need to learn
the lessons from that and ensure it does not
happen again." |
18th CENTURY
MANSION
Fifteen squatters occupied an 18th
Century mansion, valued at up to £20m, in one of
London's most desirable areas, covered it in
graffiti and used it for raves.
One squatter, Nick, from Munich, said, "We
intend to stay here for as long as possible and
use it as a major party location."
He added, "This building is fantastic, it's
free and nobody is using it." Fellow
resident Julie, a French waitress, said,
"It's well known in Europe that, thanks to
English law, we are given plenty of time to get
out."
By moving in, the squatters became the recognised
occupiers of the property. It would be illegal
for the owners to take back posession of the
house without a court order.
The Metropolitan Police cannot act unless there
has been an allegation of criminal damage. |
SOLD HOUSE
A squatter who was granted possession of
a council house he occupied for 13 years said he
was heading for the sun after selling it for an
estimated £100,000.
A judge awarded him the four-bedroom Victorian
semi-detached home in Brixton, south London,
after Lambeth Council forgot it owned the house
along with 19 others.
Commonly known as "squatters' rights",
a loophole in the 1980 Limitations Act means that
anyone occupying a property unchallenged for 12
years may acquire legal ownership. |
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SQUATTERS
When an uninvited
intruder moving onto his land complete with car and
caravan, Alan Roberts decided to take matters into his
own hands. While the illegal tenant was still soundly
asleep, Mr Roberts got into his JCB forklift.
First, he picked up the man's Vauxhall Cavalier from its
spot on one of his fields and dumped it outside his land.
Then he returned to scoop up the caravan, still housing
the unsuspecting squatter.
As it was lifted into the air, the man appeared at the
window looking rather startled to discover he was
suddenly airbourne. Mr Roberts said it
was the second time in a week that the mystery man had
parked the vehicles on his land.
Spokeswoman for Humberside Police, Lisa Fleming, said,
"Police attended but it is a civil dispute between
the landowner and the vehicle and caravan owner. Officers
spoke to both parties and the caravan owner volunteered
to move his vehicle within 24 hours." (Source: Mail on Sunday, Sep/06)
Squatters have started to make minor repairs
to the former Smiths Clockworks in Queen Street that they
have occupied for months. They said their aim was to
bring the state of the derelict building to the public's
attention. Its current owner Joseph De Winter, who lives
in London, said he did not want to comment on the issue.
The building has been empty for more than a decade and
was purchased for £347,000 in 2001. The squatters have
made minor repairs to part of the roof. The clockworks
was founded by John Smith in 1856.
John Cadwallader, chief executive of Derby CityScape,
said the building should be brought to the attention of
English Heritage. He saod the protesters have a good
objective but many building projects were being shelved
now because of the economic situation and the state of
the property market. The original planning permission for
the property, which has now expired, included
refurbishment of the building. Squatter Martin said there
had been "a load of important historic events that
have happened here" including clockmaker John Smith
and Sons taking over the site. (Source: BBC News, Feb/10)
Thousands of illegal immigrants have been
granted "squatters' rights" to remain in
Britain permanently after proving they have lived here
for 14 years. A little-known rule, introduced by Labour
in 2003, allows illegal immigrants to claim
"indefinite leave to remain" if they manage to
live in Britain's black economy for long enough or are
failed asylum seekers who manage to avoid deportation.
After 14 years they can apply to the Home Office which
considers factors such as "compassionate
circumstances, strength of connection to the UK and
previous criminal record", before deciding whether
an illegal immigrant will be allowed to stay. If
successful, the immigrant will then be allowed full
access to the welfare state and be eligible to apply for
a British passport.
Since rules changed in April 2003, 7,245 illegals have
won the right to live here permanently, more than 1,000 a
year on average. It is likely that many paid no income
tax during the 14 years they spent in Britain. The Home
Office estimated in 2005 that the illegal immigrant
population in Britain was between 310,000 and 570,000 but
other groups such as Migrationwatch UK, which campaigns
against mass immigration, have put the figure far higher.
Migrationwatch UK now believes the true number of illegal
immigrants could be as high as one million. One
immigration law adviser said, "I'm surprised this
rule still survives, to be honest. It is an anomaly when
compared with the rest of the Government's policy which
purports to be getting tough with immigrants who have
irregular status."
Damian Green, the shadow immigration minister, said,
"What disturbs me most is how many more people will
be able to establish this type of squatters' rights to
stay in this country. Rewarding illegal behaviour is
always bad, and there ought to be a lot more effort put
into stopping people getting to this 14 year level. One
of the reasons why we want to set up a specialist border
police force is to prevent people being able to stay here
for many years entirely below the radar." Sir Andrew
Green, the chairman of Migrationwatch, said, "It is
wrong in principle that people who have been undercutting
British workers for many years and often paying no tax
should be granted full access to our welfare state. This
is a reward for crime, provided you get away with it for
long enough."
A Home Office spokesman said, "Not all applications
for indefinite leave to remain through the long residence
rule will be granted. They are considered on a
case-by-case basis, taking into account the strength of
connection to the UK, previous criminal record and
compassionate circumstances, and so on." He added
that it was expected that the number of people granted
indefinite leave to remain under the rule would fall as
asylum claims were dealt with more quickly. One
immigration law adviser said, "I'm surprised this
rule still survives, to be honest. It is an anomaly when
compared with the rest of the Government's policy which
purports to be getting tough with immigrants who have
irregular status."
The rules allowing illegal immigrants to claim residence
after 14 years were formalised by the Home Office in 2003
but previously existed as a loose concession. The
arrangements mirror the legal status of "squatters'
rights", formally known as adverse possession, in
English and Welsh law. These rules say that anyone who
has occupied land or property for 12 years can apply to
be registered as owner. The 14 years which illegal
immigrants have to wait before claiming indefinite leave
to remain in Britain is only four years longer than the
period of time required of lawful immigrants. Those who
stay here on a visa or who are granted refugee status
only have to wait 10 years before applying for the same
concession, if they have been continuously resident in
Britain. (Source: Sunday Telegraph, Feb/10)
A Latvian artist travelled from his homeland
to squat in a £10million London mansion after hearing
how easy it was to live for free in the UK. Jobless Jason
Ruddick journeyed the 1,500 miles from his home in the
Baltics after a pal told him about squatters' rights in
Britain. After arriving in London he moved into the
abandoned multi-million pound home in posh Highgate,
complete with running water and heating. He even boasted
how he 'eats for free' after going through the bins at a
nearby Iceland store adding, "You get lots of things
for free here. I knew before I came that people live in
squats and have legal protection. You even get food for
free. We go to Iceland and get all the good food from the
rubbish bins. We always have a full fridge."
Before 'moving in' to the ten-bed home in Highgate he set
up home in and empty pub called The Bull. But after
living there for several months, he decided to find
somewhere new and simply walked down the road before
finding the plush home in the exclusive Broadlands Road,
where smaller seven bed homes sell for £7million. He
says he is 'reluctant' to leave Highgate, adding,
"It's the best place to live. I wanted to live in
Highgate, that's why I was looking for properties around
here. I really like the area, it's the best area to live
in." He admitted that in Latvia, squatters were
routinely arrested and hauled before the courts, but said
the UK was an 'easy touch', adding, "It's really
expensive to live in such a big house if you have to pay
for it." (Source: The Sun, Jan/11)
Squatters who broke into and occupied a
£1million house have been given hundreds of pounds of
taxpayers money in legal aid to fight eviction. The
intruders from France, Spain and Poland have been living
in the three-storey five-bedroom townhouse for a month.
Meanwhile, owner John Hamilton-Brown has been forced to
rent a two-bedroom flat for his family while he battles
to get the gang out of the house.
Mr Hamilton-Brown applied to the county court last week
to seek an interim possession order to enable him to
claim the house back. He did not hire a solicitor because
of the expense. But when he arrived at Clerkenwell and
Shoreditch County Court, in East London, he was amazed to
find that two of the squatters had been granted legal aid
and were represented by a duty solicitor.
Because they were EU citizens and unemployed, they
qualified for free legal representation. Mr
Hamilton-Brown had already been to the court four times
since his home was invaded. He was not granted the
interim order that would have let him remove the
squatters within 24 hours because of a legal
technicality.
He was granted a possession order, meaning he will now
have to wait up to six weeks for a warrant that will
allow bailiffs to remove them. A legal notice put in the
front window by the squatters states that anybody who
enters without their permission could face six months in
jail and a £5,000 fine. A neighbour said, "They
have more rights than we do. They know what theyre
doing on the legal side of things as theyve been in
houses before in the area." (Source: Daily Mail, Feb/11)
Squatting is set to be made illegal. One
case highlights how squatters can exploit legal loopholes
to remain in other people's properties. When squatters
took over Noel Kingsbury's house as he was preparing to
sell it, it marked the start of an four-month battle
which exposes how the law fails to protect homeowners.
The illegal occupants refused to leave until he had
battled through the courts to secure an eviction order.
When they finally went, they left behind a trail of
destruction including walls covered in graffiti,
abandoned drug needles and excrement-stained mattresses.
Mr Kingsbury thought he had his property back. He was
wrong. Just two weeks later, the squatters returned. This
time the homeowner assumed that having obtained the
original eviction order, he would at least be spared the
expense of a second legal tussle. He was wrong again. Due
to a loophole in the law, the court proceedings had to
start anew. By the time bailiffs finally evict the
squatters, Mr Kingsbury will face a total estimated bill
of £40,000 for repairs and legal fees.
Mr Kingsbury, who lives with his wife, Jo, near
Hay-on-Wye, Herefordshire, said the damage done by the
squatters had taken about £30,000 off the value of the
house. Legal bills, a "specialist" clean-up and
lost rent has cost him a further £10,000. Under current
law, it is a crime to break in to an empty property but
not to enter one that has been left insecure. Once
squatters are in a building, owners can only enforce
their rights by securing orders in the civil courts.
(Source: Sunday Telegraph, Mar/11)
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