As the owner of unoccupied land, you are vulnerable to travellers and squatters taking up residence on your property. Understandably, you want to remove unwelcome travellers from your private property immediately. Doing so on your own is not only near impossible, but it can be a complicated situation. You can’t just send them off and be done with it; there are laws to follow in doing so.
It Helps to Work with an Expert
If you find yourself in a situation where travellers have taken residence on your property, it’s always beneficial to act with speed rather than allow their group to grow. Working with a specialised agency like MS Webb will help you carry out these difficult tasks with peace of mind.
Most enforcement agencies that specialise in the eviction of travellers or squatters recommend using Common Law during the process. When using Common Law (or a High Court Writ of Eviction), you must inform the police of what is happening and work with an enforcement agency whose staff is specially trained to implement the law surrounding lawful evictions.
Specialised enforcement agencies use teams that are trained for properly and respectfully dealing with travellers and squatters. They also make sure that you get your land back without the fuss associated with evictions. Most enforcement teams consist of impartial individuals familiar with evictions and Public Order Enforcement officers who help settle contentious dealings with trespassers.
The Eviction Process
You can carry on with your routine while a specialised agency does the following for you:
Pre-Eviction
As mentioned, Common Law is often applied to privately-owned lands inhabited by travellers or squatters. Public bodies or local authorities can still use Common Law Power, provided that they have carried out their Welfare checks. If you are a private landowner, you can also use Part 55 Civil Procedure Rules or an Emergency High Court Writ.
During Eviction
When the eviction process begins, your chosen enforcement agency will request the trespassers to leave the land verbally, as well as provide them with a written request to evacuate. Some agencies use body cams to record the giving of notice while acting under the Common Law’s legal framework. Most enforcement offices, however, work with the travellers to settle on a time and date of eviction without any conflicts.
Post-Eviction
Once they have evicted the trespassers, your enforcement agency will give the land back to you. Even before the eviction, plan for re-entry into your property, so you’ll know how to organise everything once the unwelcome settlers have left.
Should You Involve the Police?
If you report travellers who have taken up residence in your private property, the police can visit the site, but the offence will be a civil case, not a criminal one. For this reason, most regulations used during evictions are under Civil Procedure Rules instead of criminal ones.
If there is evidence of any criminal activity, however, you can involve the police. They can remove travellers and squatters forcefully from the property if their behaviour contradicts the Criminal Justice and Public Order Act.
While you have the right to evict travellers from your property on your own, this would be an unwise decision since there are laws to follow during the process. Instead of worrying about your land, leave the burden to MS Webb. Trust our team to hand back your property to you.