September 2015 and we have seen a 100% increase in the volume of instructions to evict trespassers from land over the summer.
We are receiving increasing 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.
This is a particular issue where there have been previous encampments and they have been allowed to stay a few days before action commenced. Word gets around.
A client recently said to us:
“I can’t understand why they keep targeting me. They have been three times.”
I asked him how long it was on each occasion before he instructed us. The landowner told us that it was usually at least 48 hours, as the travellers usually promised to move the following day, but did not.
To the travellers he had become a three day stop. That is two days before he instructed us, then we would turn up and serve them, and if they did not leave we would evict them on the third day. So each time they turned up they would have at least 3 days before anyone was giving them any real pressure to leave.
These groups of people move around an area, or indeed the country, setting up encampments for short periods before being moved. It is part of everyday life for them to be evicted.
They often have a number of 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.
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 entrances.
Prevention can work out cheaper than multiple evictions.
There are a number of ways to legally evict travellers or other trespassers from your land or car park. 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 to remove them from the land, using no more force than is reasonably necessary.
Enforcement Bailiffs Ltd has over twenty five years experience in completing possession of property and land, especially in the commercial sector.
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