Significant Rise in Unauthorised Traveller Encampments
Significant Rise in Unauthorised Encampments
As a company we have seen a 100% increase in the number of instructions to evict trespassers from land. We are receiving calls from landowners who have travellers or other trespassers turn up and set up encampments on their land or car parks and refuse to go.
We see this lot more where there have been previous encampments and they have been allowed to stay a few days before the action commenced. These groups of people move around an area or indeed the country setting up encampments for short periods before being moved and It is part of everyday life for them to be evicted.
They often have a number sites they remember being at before or have been advised about by others to try. If they have had an extended stay at one of them in the past they work on the theory that history will repeat itself and the same would happen again.
A client recently said to us “I can’t understand why they keep targeting me they have been three times and each time I have used you guys to evict them”. I asked him how long it was on each occasion before he instructed us. The client told us that it was usually at least 48 hours as they usually promised to move the following day etc. I pointed out to him that he had become a three day stop. That is 2 days before he instructed us then we would turn up and serve them and if they did not leave we would evict them the following day. So each time they turned up they would have at least 3 days before anyone was giving them any real pressure to leave.
I would advise anyone that has car parks or areas where they could be at risk of an incursion to take appropriate measures to protect their property. This would include large stones, concrete blocks or height restrictions on car parks. This works out cheaper in the long run.
There are a number of ways to legally evict travellers or other trespassers from your land or car park but the cheapest and quickest by far is to use an experienced firm of bailiffs to enforce a common law remedy. Under Halsbury’s Laws of England, Paragraph 1400, Volume 45 of the Fourth Edition it has been established that a landowner has the common law right where someone has trespassed on their land to get possession of their land back without getting a specific court order by use of Certificated Bailiffs now known as Certificated Enforcement Agents.
There needs to be an official request for them to leave. This is best done in the form of an official notice physically served on them by the Certificated Enforcement Agents, preferably videoed or photographed.
If they refuse to leave within a reasonable time (usually the following day or immediately if there is a danger), the landowner can instruct the Certificated Enforcement Agents remove them from the land using no more force than is reasonably necessary.
The other way that some landowners go down is to use Part 55 Civil Procedures Rules
Enforcement Bailiffs Ltd has over twenty-five years of experience in completing land recovery from travellers in the shortest possible time. Should you wish to instruct us to assist with your enforcement details can be found here.