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Squatter's rights

 
 
Char Aina
16:31 / 06.09.05
a pal of mine has recently discovered that hir flat of six years was never under a proper lease.
ze found this out recently, and has begun wondering...
could ze claim ownership?
could ze make it hers, change the locks, and do the place up without having to worry about eviction?
could ze sell it?
could ze give it away?
could ze hold the landlord over a barrel and make hir reduce the rent to a reasonable amount?
while i am not saying ze is inclined to do any of these things, ze and i would both appreciate knowing if it were possible and what the relevant laws were.

is anyone here familiar with the ins and outs of squatting?
is that the relevant topic?

ze wonders if it is a question of conscience what hir options are, or a question of legality.

help hir, obiwankebarbelith; you're hir only hope.
 
 
Chiropteran
16:34 / 06.09.05
I don't have the answers to your questions, but the legalities are going to vary depending on where ze is - do you mind posting more details (country, state/province/county)?
 
 
haus of fraser
16:41 / 06.09.05
This may help?
 
 
Char Aina
16:50 / 06.09.05
sorry, yeah.
about one hour from me, still in scotland but not in glasgow.
lothian would be the region, i believe.
 
 
Jack Vincennes
17:15 / 06.09.05
toksik, I found this on Scottish law and squatter's rights:

In England, therefore, squatting is unlawful (ie an action which is wrongful by virtue of the civil law) but not illegal (ie an action which is wrongful by virtue of the criminal law). The old farmers' favourite, 'Trespassers will be prosecuted' is thus a con. The position is different in Scotland. By the Trespass (Scotland) Act 1865, it is a criminal offence to 'lodge in any premises or encamp on any land which is private property without the consent or permission of the owner or legal occupier'. The maximum penalty is a fine and imprisonment up to 21 days. source, and their source.

..but since your pal is living there with permission (presumably) I'm not sure that situation would be covered here. Since Scottish law is based in common law I would have thought xe was actually in an unusually strong position as far as claiming ownership was concerned, but I'm not sure -will have a look around and see if I find anything else.
 
 
Char Aina
17:27 / 06.09.05
its the lack of lease that seems to me to be the most important thing, but then i have no idea hat i am talking about.
 
  
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