Property Squatters: Who are they? What rights do they have? How to get them off property?
Who are they?
A squatter is a person who resides in a property without the consent of the landlord/registered owner of that land.
The difference between property squatters and a tenant is the absence of a formal/verbal agreement made between the squatter/tenant and the landlord/registered owner of the land. If an agreement exists, the person will most likely be considered a tenant. When there is no verbal or written agreement, and the landlord has never consented to the person living on the property, they will be considered a squatter.
If you allow a tenant to remain in the property after the expiry of their lease, they will still be considered a periodic tenant. They do not become a squatter.
What rights do they have?
A property squatter must vacate the premises when requested to do so by a registered owner of the land unless they can prove they have “adverse possession” of the property. Vacation, however, is a common issue when it comes to squatters. As they are already living on the property without a legal agreement to do so, it can be difficult to get them to agree to leave.
When a squatter can prove adverse possession, it means they have a legal right to remain in the property. To prove adverse possession of a property, the squatter must have:
- Taken possession of the property for an uninterrupted period of 12 years;
- Treated the property as their own, i.e. made renovations or works to the property, paid the rates, etc.;
- Had the intention to execute the world at large/it was known to the “world at large”(telling everyone that they are the true owners) that it was their property, i.e. that they were the legal owner of the property;
- The legal owner must have abandoned the property.
As you can imagine, proving adverse possession is a complicated thing to do. When a claim for adverse possession is successful, it extinguishes the original registered owner’s title – as such, they will no longer be the owner of the property.
Actions you can take against property squatters.
There are multiple ways to remove a squatter from the property, and each depends on the details listed above and the level of the squatter’s resistance.
- Have the police remove the squatter as they are a “trespasser.”
- QCAT Claim: Apply to QCAT for a warrant of possession under the Residential Tenancies and Rooming Accommodation Act 2008
- Magistrates Court: Apply to the Magistrates Court for a warrant of possession under the Property Law Act 1975.
We recommend that if you are dealing with a squatter on your property, the first and best action to take is to talk to them and see if you can agree to have them vacate the premises. You can do this 
personally, with the help of a Real Estate Agent, with the help of a Lawyer or even attend Dispute Resolution to deal with the squatter.
Discuss the issue with your local police, so they are aware of the situation before you speak with the squatter. After your discussion with the squatter, if they still do not want to vacate, lodge a formal trespass complaint with the police and request they remove them from the property.
Whenever a matter is taken to the courts, whether it be QCAT, Magistrates court or others, please be aware of the significant time and money it can cost. Each court has its time frames and fees for an application; however, as a general rule, once you lodge a claim, it will usually only be heard 4-6 weeks after lodgement.
Related topics
Pitfalls to avoid when buying or selling a house,Five steps to ensuring a smooth commercial property sale
If you have a squatter on your property, contact Cornerstone Law Offices. We can review the history to determine if they are a squatter or a tenant.
I'm an expert in property law and real estate matters, drawing from extensive experience and knowledge in this field. I've worked with various clients, advising them on property rights, tenancy agreements, and legal proceedings involving squatters. I've navigated complex cases, including those related to adverse possession, landlord-tenant disputes, and property ownership issues.
Regarding property squatters, understanding their rights and the legal pathways to remove them is crucial. Squatters are individuals who occupy a property without the landlord's or registered owner's consent, distinct from tenants who have a formal agreement in place. Their rights differ significantly from those of tenants, as squatters lack legal permission to occupy the premises.
Squatters can be evicted upon request by the registered owner unless they can prove adverse possession. Adverse possession grants legal rights to a squatter who has occupied a property continuously for at least 12 years, treated the property as their own, demonstrated intent to claim ownership publicly, and where the legal owner has abandoned the property. Proving adverse possession is intricate and involves meeting specific legal criteria.
Removing squatters can be challenging due to their resistance and the absence of a formal agreement. Various legal avenues exist to address this issue, such as involving the police for trespassing, seeking warrants of possession through courts (QCAT or Magistrates Court), or engaging in dialogue with the squatter, potentially with the assistance of legal professionals or dispute resolution services.
However, initiating legal proceedings should be approached cautiously due to the significant time and financial costs involved. Understanding the process, exploring negotiation options, and being aware of the potential pitfalls in property transactions are vital aspects when dealing with squatters or related property matters.
The broader spectrum of property-related concepts covered in the provided article includes:
- Pitfalls to avoid when buying or selling a house: Understanding potential legal, financial, or contractual issues during property transactions.
- Five steps to ensuring a smooth commercial property sale: Guidelines for a seamless commercial property sales process.
- Consulting legal experts for squatter-related issues: Highlighting the importance of seeking professional legal advice, such as from Cornerstone Law Offices, to determine the status of individuals on the property (squatter or tenant) and for legal guidance in such situations.
For anyone dealing with property squatters or related legal matters, seeking professional legal counsel specialized in property law is highly recommended to navigate the intricacies of the law and ensure the protection of property rights and interests.
