Selling a House With Squatters | Scotland Property Auction
Yes, you can sell a house in Scotland that has squatters or other unlawful occupiers in it, but you will almost always need to deal with the occupation first, or sell openly "with vacant possession not yet available" and price the risk in. Squatting is not a general crime in Scotland, so the route back to your keys is usually a civil court action, not a call to the police. An auction can still work, because buyers who specialise in awkward properties will bid on the right lot with the right paperwork.
I'm Julie McAndrews, and I've seen owners, executors and landlords arrive at an empty-looking house to find someone living there. It is frightening and frustrating, and the internet is full of advice that belongs to England. This guide explains what is different north of the border, what you can safely do yourself, and how the sale itself works.
- Squatting is not automatically a criminal offence in Scotland, so police often cannot simply remove people for you.
- Never change the locks or force people out yourself once they have settled in. It can be a civil wrong called spuilzie, even if you are the owner.
- The usual remedy is a civil court action for recovery of possession, followed by officers of court enforcing the order.
- You can market the property while it is occupied, but you must be honest with buyers, and the price and buyer pool change.
- Squatters do not gain ownership by simply staying in a Scottish house, and a recorded title is hard to lose that way.
Is squatting illegal in Scotland?
Not in the way most people assume. According to a Journal of the Law Society of Scotland article on squatting, squatting is not a general offence here. There are narrower offences that can apply in particular circumstances, such as lodging or encamping on private property without the owner's consent under the Trespass (Scotland) Act 1865, or aggravated trespass where the aim is to intimidate or disrupt lawful activity.
That article is from 2016, and the law has been debated since, so always check the current position with a solicitor before acting. The practical point holds, though: the police tend to see an occupied house as a civil dispute between the owner and the occupier unless there is damage, threats or a breach of the peace.
- 0ownership gained by simply staying
- 10 yearsminimum for positive prescription on a recorded title
- 28 daystypical auction completion once vacant
Can I remove squatters myself?
Almost never once they are settled. Scots law protects possession as well as ownership. Taking possession away from someone without a court order or their consent can be a delict known as spuilzie, and the Law Society article notes that self-help is only safe immediately, before possession has really been lost. After that, changing locks, removing belongings or cutting utilities can leave you facing a damages claim and weaken your position in court.
If you discover someone has just entered, speak to a solicitor the same day. If there is damage, threats or violence, call the police. If the property was left empty after a bereavement, a tenancy or a renovation, gather evidence calmly: photographs, dates, who has keys, who last had lawful access.
What is the legal route to getting a property back?
The route depends on who the occupier is. The table below sets out the common situations.
| Who is in the property? | Typical route | What to expect |
|---|---|---|
| True squatter with no past link to you | Civil action for ejection or recovery of possession | You must prove your title and that they have none |
| Former tenant who stayed on | Eviction process under the tenancy rules, or action for removing | Depends on the tenancy type and any notices already served |
| Family member or friend with no agreement | Written notice to leave, then a court action if refused | Often settled by negotiation |
| Occupier of a repossessed or inherited home | Executor or lender action, depending on title | Title and authority must be clear first |
The Law Society article lists several remedies: summary cause for recovery of heritable property, ejection, removing where there is a landlord and tenant background, interdict, and specific relief from the Court of Session. In ejection, the owner generally has to prove title and that the occupier has no right to be there. Interdict is discretionary, and unreasonable delay after you knew of the occupation can count against you.
Once a court grants decree, officers of court carry out the removal. Timescales vary a lot with the court, how contested the case is, and whether the occupier engages. I would never promise a seller a date. Ask your solicitor for a realistic range in writing.
Do squatters gain rights over my house after a few years?
This is the myth I hear most. In Scotland, the nearest idea is prescription, which is a different thing from English adverse possession. As I understand it, positive prescription can give someone an ownership right after a continuous period of open, peaceable possession, but it normally relies on a recorded title in the first place, and there are strict conditions. It does not mean a stranger acquires your house by moving in and staying quiet for a while.
If the title to your property is old or unclear, speak to your solicitor, and read our guide to title problems at auction. Clean title makes everything simpler.
Can I sell a house while squatters are still living in it?
Yes, in principle, but it is a different sale from the usual one. Most mortgage-backed buyers cannot buy a property they cannot move into, and a surveyor may be unable to inspect. The buyers who can are cash buyers, investors and specialists who understand eviction risk and price it.
- Avoids waiting for the court process to finish before you can market.
- Passes the legal work and risk to a buyer who wants it.
- Can suit executors or owners who simply want to be done.
- A smaller pool of buyers and often a lower price.
- Viewings, the Home Report and valuations may be hard or impossible.
- You must disclose the occupation honestly, or risk the sale unwinding.
Compare this with a sale after the property is clear. Our guide to selling an empty home at auction shows how much smoother vacant property is, and our piece on a tenanted property at auction explains how buyers think about occupied lots.
What must I tell buyers?
Everything material. You should disclose the occupation in the sales particulars and legal pack, and your solicitor should confirm what is known about who is there and any proceedings under way. Hiding it is not an option: it would come out at entry, and a buyer could claim you misled them. Read our explanation of what goes into an auction legal pack and how the Home Report works when access is limited.
| Item | Vacant | Occupied unlawfully |
|---|---|---|
| Buyer pool | Wide, including mortgage buyers | Mostly cash and specialist buyers |
| Viewings | Easy | Often limited or none |
| Price | Closer to market value | Usually a discount for risk and legal cost |
| Completion | Can be 28 days | Depends on possession being given |
| Seller disclosure | Standard | Full, written and early |
Should I clear the property first or sell as it stands?
It comes down to speed, cost and appetite for risk. If the occupier is likely to leave, or the case is simple, clearing first gets you the best price. If the legal route is long and holding costs are mounting, selling as it stands to a buyer who will take on the process may leave you better off in the end. Holding costs matter: council tax, insurance, repairs and a mortgage if you have one all keep running.
The bars above are a simple guide to relative outcomes, not data. Your solicitor can tell you how your own case compares.
How does an auction work for an awkward property like this?
Auction suits unusual properties because the legal pack is prepared up front and buyers know the terms before they bid. Once the hammer falls, the sale is binding, so a buyer commits to the conditions, including occupation. If you want to compare routes, our guides on how to sell your house at auction and the modern method of auction explain the options, and our selling page shows how we work. You can also read about repossessed houses, where occupation questions come up often, or request a free valuation with us.
What if the house is inherited or empty after a death?
Empty homes after a bereavement are the ones I worry about most, because nobody is checking on them. If you are an executor, you need confirmation before you can sell, and that can take time. In the meantime, visit regularly, tell your insurer the property is unoccupied, and keep a log of each visit. If someone has moved in, the executor is the person who must take action, so get legal advice early. Our guide to inherited property at auction covers the executor side in more detail.
Squatters often target homes that look neglected. Simple steps help: forward the post, keep the garden tidy, use timer lights, and ask a neighbour to tell you if anything changes. None of this is foolproof, but it makes your property a less obvious target and gives you dated evidence if you ever need to prove when you last had lawful possession.
What does it cost, and who pays?
Costs vary widely with how contested the case is. You should expect to pay your solicitor's fees and court expenses, and you may also pay for officers of court, security, locksmiths once possession is returned, and repairs. If the occupiers have caused damage, keep every receipt and photograph, as these can matter for an insurance claim and for how buyers value the property.
Ask your solicitor three questions at the outset: what is the likely range of costs, what is the realistic timescale, and what happens if the occupier does not engage? Written answers let you compare "clear first" against "sell as it stands" with real numbers instead of hopes. Many owners find that a modest discount to a specialist buyer is cheaper than months of fees, council tax and worry, while others have a strong case and prefer to clear first. Neither answer is wrong.
Is a house with squatters mortgageable or insurable?
Lenders generally want vacant possession, so a standard mortgage buyer is unlikely to proceed while the property is occupied. That is why cash buyers dominate. Insurers also care: many policies restrict cover for empty properties, so check your terms and speak to your broker before assuming you are covered. For related situations, see our guides to unmortgageable homes at auction and auction insurance in Scotland.
Common mistakes I see sellers make
- Acting too fast on their own: changing locks or removing belongings can hand the occupier a legal claim.
- Waiting too long: delay after you knew of the occupation can count against you when asking for an interdict.
- Not telling the buyer everything: late discovery can unwind a sale.
- Assuming the police will remove people: they usually will not for a civil dispute.
- Ignoring holding costs: council tax, insurance and repairs keep running.
Step-by-step: what to do if you find squatters
- Do not confront anyone or change the locks.
- Record the facts with dates, photographs and a note of who last had lawful access.
- Call the police only if there is damage, threats or a breach of the peace.
- Instruct a Scottish solicitor to confirm title and the right court action.
- Check insurance: empty-property cover often has conditions.
- Decide your sale route once you know the likely timescale and cost.
Frequently asked follow-ups
If someone is only a nuisance rather than a squatter, for example a neighbour using a shed, you may be dealing with a boundary or access issue instead. See the Scottish property terms glossary for the language your solicitor may use.
Whatever the route, you are not alone. Tell us the whole story at the start and we will tell you plainly what is and is not possible.
Source: Journal of the Law Society of Scotland
Founder & Director of Scotland Property Auction, with 10+ years helping Scottish homeowners sell fast at auction.
More about Julie →✔ Reviewed by Julie McAndrews. We keep our guides current with Scottish property law and market conditions.