Q: I have a piece of land I inherited with an old house on it. Unfortunately, squatters have moved into the property, and I have had no luck in getting rid of them despite police visiting the property three times. What is my legal option now?

A: There are a couple of options available if you find yourself in the position of having to remove squatters from a property you own. Before taking any steps it’s important to be certain there was no agreement for the squatters to be in the property, whether verbal or in writing (including any agreement that may have been in place with the deceased landowner or the executors of the estate).

If an agreement does exist, the below will not apply in your circumstances – you will have to consider other options under the Residential Tenancies Act. If the squatters have moved in completely without invitation or agreement of the owner or a previous tenant, you need to serve the squatters a trespass notice. This should be in writing and a copy of the notice provided to the police once it has been served.

The police website has a template trespass notice and an explanation of how to serve it. If the squatters remain on the property after the notice has been served and you provide them with reasonable notice to vacate, the police will hopefully assist you to remove them as it becomes a criminal offence to remain. It’s important you do not accept any rent for them to remain on the property (even if it is just on a temporary basis), as this may weaken your position.

If the police won’t help, there are two options: 1. A self-help remedy where you wait for them to leave and change the locks with the assistance of a locksmith; or 2. Apply to court for orders that the squatters leave and that you are entitled to possession, which once granted will be enforced by the court bailiff with the assistance of police if required.

In summary, you do have options. However, you need to be careful in your dealings to ensure you do not inadvertently grant permission for the squatters to be there or accept rental payments. As always, seeking the advice of an expert is recommended at the outset.

- Shane Campbell