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A GUIDE TO RECOVERING POSESSION FROM SQUATTERS AND TRAVELLERS
This brief guide covers the main options available for recovering
possession of land from "persons unknown", commonly
known as travellers or squatters.
Instruct local certificated bailiffs
Certificated bailiffs can carry out evictions at common
law. This can be a quick and cost effective of recovering
possession but may fail if the travellers allege a right to
occupy and / or deny your entitlement to evict them, or if
the land includes residential property. The cost of this procedure
will depend upon the number of caravans and vehicles to be
removed from the site. Most certificated baiiffs will accept
instructions by fax and will aim to serve eviction notices
and remove the travellers within 48 hours. The police may
be required to be in attendance.
Contact the local authority
Some local authorities are more proactive in dealing with
travellers than others, particularly if the land occupied
is highway or public land. Most local authorities will not
intervene where the land occupied is privately owned. If steps
are not taken by the landowner to recover possession, the
local authority may serve an enforcement notice on the landowner
requiring the site to be cleared of caravans etc.
Notify the Police
The Police have a discretionary power under Section 61
of the Criminal Justice Act 1994 to remove groups where public
order issues arise. If the group is known to be troublesome,
the police may intervene. Generally speaking, the police do
not take action where the land occupied is private land and
prefer to require the landowner to take the necessary steps
to recover possession.
Bring possession proceedings in the County Court
Special court procedures apply in "squatters claims",
which are intended to be speedy. Typically, possession will
be recovered in about two weeks from the date on which you
instruct your solicitor as follows:
1. A date for the hearing will be set when the claim is issued
by the court. Subject to court availability, and assuming
that there are no unforeseen circumstances, the hearing can
often take place and an order be obtained within a working
week of the claim being issued.
2. Once issued by the court, the claim and supporting witness
statement must be served on the defendants by attaching copies
of the claim and witness statement to the land so that they
are clearly visible. This usually involves placing stakes
in the land and attaching copies in a sealed transparent envelope.
3. At the hearing, the Judge will consider whether a defence
is disclosed. It is unusual in cases such as this for Defendants
to attend the hearing. In the absence of the Defendants, the
Order for possession will usually take effect immediately,
although the Court has power to allow Defendants up to 14
days to vacate the land. If possession is not given up in
accordance with the Court Order, it will be necessary to instruct
the County Court bailiff to evict the occupiers from the site.
4. Although a successful party will usually be entitled to
costs, no costs can be awarded against unnamed Defendants.
Costs, therefore, are usually non recoverable.
Further steps
Be pro-active. Wherever practicable, do what you can to secure
your land whether through earth mounds or security guards
or height barriers.
Ensure that you liaise with your neighbours to prevent travellers
simply moving from your land onto an adjoining or nearby site.
Take every step to secure your own land from future encroachments.
Possession Orders will only bind a particular group of travellers.
If you are seen as an easy target and a different group moves
onto your land, you will have to start the process all over
again.
For further information or advice please contact propertylitigation@charlesrussell.co.uk
These notes represent only an outline summary
of relevant principles and detailed advice should always be
sought in
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