When your land is occupied illegally and an encampment is set up it is often the case that damage is caused, fly tipping, rubbish and worst of all human waste left is on your property. To avoid this it is essential land owners take action to get the trespassers moved on without delay.
Under common law every landowner has the right to remove trespassers from their land using reasonable force if required. This right can be delegated to the landowner’s agent. Essex Bailiffs offer a service removing unauthorised occupiers/travellers without having to go through the courts.
Essex Bailiffs serve notice to quit on the same day of instruction giving the illegal occupants enough time pack and to leave. We work closely with police and the local authority to keep them fully aware of the situation, and should the illegal occupants fail to leave in accordance with the notice we carry out the eviction.
Where possible Essex Bailiffs will always use the powers afforded under Common Law. However sometimes it is not always achievable to remove trespassers under the self-help remedy, often this may be due to violent resistance by the trespassers. In these circumstances there is little option but to seek a court possession order.
If that is the case, our specialist partnership solicitors will be able to assist you in obtaining a possession order in the shortest possible timescale. Once the order is granted it can be immediately transferred to the High Court for a writ of possession and the trespassers removed under its authority. It is worth noting that the police are obliged to assist the action under a writ if requested to do so.
Whichever method is appropriate, Essex Bailiffs will deal with your instruction promptly and efficiently, always operating with the minimum amount of fuss to return your property to you.
Our Trespasser Eviction services include:
Eviction of illegal occupants
Tow trucks
Clean-up of site
Fly-tipping removal
Post Eviction Security guards and dog handlers
Frequently Asked Questions
1 What is a traveller eviction?
Traveller eviction is the process of removing unauthorized traveller camps or encampments from private or public land. This is typically done when travellers occupy land without the owner's consent.
2 What legal rights do landowners have to evict travellers?
Landowners have the right to reclaim their property if travellers occupy it without permission. Eviction must be carried out legally, either under Common Law or by obtaining a court order, depending on the circumstances.
3 What is Common Law eviction for travellers?
Under Common Law, landowners can instruct Certificated Enforcement Agents to remove travellers without obtaining a court order. Agents must give reasonable notice, and the eviction must be carried out peacefully.
4 When is a court order required to evict travellers?
A court order is necessary if:
- The encampment is large or involves vulnerable individuals.
- Travellers refuse to leave after being asked.
- The situation is likely to lead to significant conflict or disputes.
5 How long does the eviction process take?
Using Common Law, eviction can typically occur within 24-48 hours of instruction. When a court order is needed, the process may take several weeks, depending on court availability and complexity.
6 Can the police assist with traveller evictions?
The police can intervene if:
- The encampment causes significant disruption or criminal damage.
- There are breaches of public order or a risk of violence.
- The conditions of Section 61 of the Criminal Justice and Public Order Act 1994 are met (e.g., six or more vehicles on the land).
7 What notice must be given before eviction?
Under Common Law, landowners must issue a Notice to Vacate, giving travellers a reasonable amount of time to leave voluntarily (usually 24 hours). For court-ordered evictions, notice requirements vary depending on the court's decision.
8 What happens to travellers’ property during an eviction?
Travellers are given the opportunity to collect their belongings. Any property left behind must be stored securely by the landowner, and travellers should be informed of how to reclaim it within a reasonable period.
9 What are the risks of conducting traveller evictions without professional help?
Risks include:
- Legal challenges if the process is not followed correctly.
- Accusations of harassment or unlawful eviction.
- Escalation of disputes or potential violence.
- Damage to the property or encampment area.
10 How can landowners prevent travellers from returning?
To deter future encampments, landowners can:
- Install barriers like gates, bollards, or trenches.
- Use CCTV and warning signs to discourage unauthorized access.
- Conduct regular property inspections.
- Obtain an injunction against unauthorized encampments if repeat issues occur.