WHAT IS SQUATTING?

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Do we really know what is squatting?

Squatting



  • It refers to the act of someone intentionally entering someone's property (or land) which they do not own and without the legal's owner permission, with the intention of living there. 
  • If someone originally enters a property with permission of the owner and does not leave, this will generally not be considered squatting.

Squatting in non-residential buildings is a crime?


It is generally not considered as a crime. Unfortunately, there are other crimes associated with squatting in non-residential properties such as;

  • causing any damage to the property (building/door)
  • stealing anything from the property (water/electricity)
  • failing to leave the property if told to do by court

How can squatters be removed?


  • Procedurally, a law suit and the accompanying writ of possession usually requires the individuals unlawfully occupying the land to be named in the legal action. 
  • This isn't a problem when it comes to expelling the tenants, but it becomes a problem when squatters are involved since the property owner will usually not know the names of the squatters. 
  • Squatters also typically will tend to avoid the requests of the owners, which leads to further difficulties when it comes to identification.

Summary Proceedings

Order 89 of the Rules of Court 2012 provides for possession of land through summary proceedings. Several need to be established by an applicant to justify the application;
  • interest in the land
  • circumstances of how the land has come to be occupied by the squatters
  • inability to identify the persons occupying the land and the reasonable steps taken to try to identify those individuals
If all the above elements are established, then the Court will provide an order for the squatters or the tenants to remove themselves from the land. Upon an order being granted, the property owner can then enforce this through a writ of possession. On the other hand, the summary proceedings bypasses the need to individually identify the squatters or the defendants.

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