Court of Appeal relief for landowners over squatting

The Court of Appeal has found in favour of a landowner in a squatting case. Michelle Bendall says the judgment is a welcome one for public bodies.

The Court of Appeal recently considered the human rights of squatters who had established their "home" on land without the consent of the landowner.

Although Malik v McGahan and Persons Unknown [2013] EWCA Civ 798 involved a private landowner, the judge in the lower court determined that the court, as a public authority, had to act in a manner that was compliant with the Human Rights Act 1998 and therefore the European Convention of Human Rights ("ECHR") was engaged. This aspect of the decision was not appealed in the Court of Appeal.

The facts

In mid February 2010, the owner of land near Heathrow airport vacated his site. On 1 March 2010, a number of trespassers began occupying the land and have remained there ever since. It was not in dispute that the trespassers had established their home on the site. The trespassers had restored previously contaminated land to a market garden centre and their occupation of the site was described as having a beneficial social purpose.

The European Convention of Human Rights

Article 8 of the ECHR gives individuals the right to respect for their homes. A public authority can only interfere with this right in accordance with the law and as is necessary for the protection of the rights and freedoms of others.

Article 1 of the First Protocol to the ECHR gives individuals the right to the peaceful enjoyment of their possessions.

The decision

In considering whether to make an immediate order for possession, the test is whether the eviction is a proportionate means of achieving a legitimate aim. The judge giving the leading judgment found that, if trespassers had established a home on land but otherwise had no right to be there, it is difficult to imagine circumstances which would give them an unlimited and unconditional right to remain. The circumstances would have to be exceptional.

The impact

The decision is obviously good news for both public sector and private landowners seeking to secure immediate possession when land becomes occupied by squatters.

Michelle Bendall is a partner at Veale Wasbrough Vizards. She can be contacted on 0117 314 5326 or by This email address is being protected from spambots. You need JavaScript enabled to view it..