What do you do if you suddenly wake up one morning and see that a band of travellers has camped on your land? What’s worse, they brought their cars, large caravans, various vehicles, and animals.
While not all travellers are a nuisance, most are, unfortunately, and once they move one, you’ll be left with all sorts of rubbish. So what do you do?
Traveller Eviction Methods
In general, there are two traveller eviction methods available to you, through a ‘writ of possession’ or by utilising ‘common law powers’. For evicting travellers under a writ of possession, you should first request that the travellers leave your land and if they don’t, you could then acquire an ‘order for possession’ against ‘person unknown’, which are the travellers.
You’ll then be given a claim form and a date for the hearing. During the hearing, the judge could either grant you the eviction or set another hearing date if he or she finds your evidence insufficient. If you’ve been granted the order, it’s the HCEO or High Court Enforcement Officer’s job to enforce that order.
You could also opt to use common law powers if you don’t want to get the courts involved and want to evict the travellers as quickly as possible, say within several days at most.
Common law states that you have the legal right to evict travellers staying in your land with the use of ‘reasonable force’. This traveller eviction method makes use of bailiffs or enforcement agents. They’ll identify the travellers on your land and serve them written notices with a warning that they must leave the premises within 24 hours.
Crucial Notes on Using ‘Reasonable Force’
If the travellers entered your land peacefully, you could open a dialogue with them and ask that they leave. Otherwise, you could evict them using ‘reasonable force’. On the other hand, if they enter your land with violence, force, or threats, you could have them removed without asking them first. Also, if you managed to obtain an order or possession, you could still utilise reasonably forceful means.
However, it’s immensely vital to note that inappropriate use of ‘reasonable force’ could get you in trouble with the law if the travellers file a claim against you. That being said, whichever method you choose to go with, make certain that you operate within the confines of the law or you’ll be the one in enormous trouble with the law.