How to recover possession from trespassers

Published by a LexisNexis Property Disputes expert
Practice notes

How to recover possession from trespassers

Published by a LexisNexis Property Disputes expert

Practice notes
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This is a ‘how to’ guide, or task-based toolkit, on how to remove trespassers from property by way of possession proceedings. It signposts relevant materials, ie Practice Notes, Precedents and Checklists.

For guidance more generally in respect of trespass, see Practice Notes: Trespass—claims and defences, Trespassers—possession proceedings, and Trespass—remedies.

This guide covers the procedure to recover possession from trespassers who entered premises as trespassers (also known as squatters), or who remained on land without the consent of the person entitled to possession, by issuing possession proceedings under CPR 55. It does not include a claim against a tenant or sub-tenant, whether or not their tenancy has been determined, in respect of which see Practice Note: Possession proceedings. This Practice Note also does not deal with possession of private residential tenancies or business tenancies—for more information in that regard see: Private residential tenancies—overview and Public sector residential tenancies—overview and Practice Notes: Assured and assured shorthold tenancies—terminating and LTA 1954 business lease renewal—termination.

There are notes below the flowcharts with further guidance on each step.

Points

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Jurisdiction(s):
United Kingdom

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