Squatter › Squatting in Scotland and Northern Ireland
Squatting in Scotland and Northern Ireland
Section 144 of LASPO is an England and Wales law. Scotland and Northern Ireland have their own property law, and the sources we could confirm cover time limits and police powers.
Why the rules differ
Property law is devolved. The squatting offence in section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and the Land Registration Act 2002, apply to England and Wales. Scotland and Northern Ireland have their own rules on how land is owned and when occupation can lead to ownership. See also the England and Wales offence.
We have been able to confirm the points below from legislation.gov.uk. We could not open an official Scottish or Northern Irish guide on removing squatters, so we do not describe those procedures. Take legal advice from a Scottish solicitor (Law Society of Scotland) or a Northern Ireland solicitor.
Scotland
Positive prescription
In Scotland, the equivalent idea is positive prescription. Section 1 of the Prescription and Limitation (Scotland) Act 1973 says that if land is possessed for ten years "openly, peaceably and without any judicial interruption", and the possession follows the recording (or, since 2014, registration) of a deed that is sufficient in its terms to grant a real right in the land, the real right based on that possession becomes exempt from challenge. Two points follow:
- It is not simply about moving in. The possession must follow a deed that is capable of giving a right. Someone who just occupies land without any deed does not get ownership through this section.
- It does not apply if the deed is invalid on its face or forged. The period is twenty years rather than ten where the Crown is the party against whom the case is made over foreshore or salmon fishings.
Police powers on land
Section 61 of the Criminal Justice and Public Order Act 1994 is marked as extending to Scotland as well as England and Wales. A senior police officer can direct trespassers to leave land where two or more people are trespassing with the common purpose of living there, reasonable steps have been taken to ask them to leave, and either any of them has damaged land or property, or used threatening, abusive or insulting words or behaviour toward the occupier, their family or employees or agents (the Scottish wording), or they have six or more vehicles. See police and squatters.
Residential squatting
The section 144 offence is a law for England and Wales, so it is not the Scottish rule. We did not find an official Scottish source describing how an owner removes occupiers from a home. If you are in Scotland, speak to the police and a solicitor, and do not force your way in.
Northern Ireland
Time limit
Article 21 of the Limitation (Northern Ireland) Order 1989 gives anyone other than the Crown 12 years from when the right of action accrued to bring an action to recover land. The Crown generally has 30 years, 12 years for land forming part of an intestate's estate, and 60 years for foreshore. After the time limit passes, the owner generally cannot bring an action to recover the land. How land registration interacts with that rule in Northern Ireland is a separate question that we did not confirm.
Residential squatting
We did not find an official page confirming whether Northern Ireland has an offence equivalent to section 144. Do not assume it does. Contact the Police Service of Northern Ireland and a solicitor.
Moving between nations
If the property is in one nation and the owner lives in another, the law of the place where the land is applies. Our England and Wales pages on registered land and unregistered land should not be applied to Scotland or Northern Ireland without advice.
What owners should never do
In all nations, do not use violence or threats, and do not lock someone out of their home in a way that breaks the law on unlawful eviction. See removing squatters for the England and Wales position.
This is general information about the law in the UK, not legal advice. Property law is technical, rules differ between England and Wales, Scotland and Northern Ireland, and the facts of your case matter. Check the official sources linked on this page and speak to a solicitor, Citizens Advice or Shelter before you act. Last checked November 2026.
Sources
- Prescription and Limitation (Scotland) Act 1973, section 1 (legislation.gov.uk)
- Limitation (Northern Ireland) Order 1989, article 21 (legislation.gov.uk)
- Criminal Justice and Public Order Act 1994, section 61 (legislation.gov.uk)
- Legal Aid, Sentencing and Punishment of Offenders Act 2012, section 144 (legislation.gov.uk)