Swift action to
remove squatters
Squatters, also known as trespassers, are individuals who purposefully enter a property without authorization with the intention to reside there or already reside there. It is possible that your tenant has allowed unauthorized individuals into the property, who are not listed on the tenancy agreement. Alternatively, these individuals may have gained access to the property themselves while it was unoccupied, vacant, or inadequately secured.
It is important to note that if squatters occupy commercial property, their presence is not considered a criminal offense. In such cases, legal proceedings must be initiated through the court system to evict the squatters and regain control of the commercial property.
To effectively deal with the situation, it is advisable to seek legal advice and take appropriate legal actions to address the presence of squatters in commercial property. Legal professionals can guide you through the necessary steps and procedures required for the eviction process.
property owners facing the occupation of their property by trespassers or individuals without legal right can apply to the court for a possession order. This process is similar to the standard possession procedure, but with the distinction that all witness evidence is submitted along with the initial legal documents. It is commonly used in cases involving unlawful subtenants or individuals who were previously granted permission to occupy the property but had that permission subsequently revoked (licensees).
Applying for a possession order in Scotland allows property owners to seek legal recognition of their right to regain possession and remove individuals occupying the property unlawfully. By presenting all witness evidence upfront, the process can proceed more efficiently, expediting the resolution of cases involving unlawful occupants.
(IPO) is a legal mechanism that allows property owners to swiftly regain possession of their property when it has been unlawfully occupied. The IPO is specifically designed to address situations where the occupiers have entered or remained on the property without lawful authority.
To obtain an IPO, the property owner must make an application to the sheriff court. The court will assess the evidence presented and, if satisfied that the property has been unlawfully occupied, may grant an interim order authorizing the removal of the occupants.
Upon being granted an IPO, the property owner must then serve the order on the occupiers and arrange for its enforcement. The enforcement process typically involves engaging a Sheriff Officer or a court-approved officer to carry out the eviction. It is important to note that the enforcement of an IPO must be conducted in accordance with the law, and proper notice periods and procedures must be followed.
The granting of an IPO provides the legal authority to regain possession of the property and removes the unlawful occupants. It offers property owners an effective means of reclaiming their property in situations where there has been unauthorized occupation.
