Private Land and the Removal of Travellers
There has been a lot of press coverage in recent weeks regarding the eviction of travellers from Dale Farm in Essex. The eviction should take place on Monday 19th September 2011.
When the eviction does take place it must be anticipated that some travellers at Dale Farm will choose not to accept local authority accommodation and will instead opt to move on to other sites owned by private or local authority landowners.
The areas most likely to be affected are any open areas of land in Essex or its surrounding counties, but there is no reason that some won’t choose to move further afield and open land in the west country may be at risk.
If you own land that could be a target, then it would be advisable to take steps to secure it against access, and if anyone does move in to occupy the land, you should act quickly to have them removed to minimize eviction costs.
In order to remove a squatter from land in most cases you will need to obtain a Possession Order from the Court under part 55 Civil Procedure Rules.
If the landowner is immediately entitled to possession of the premises and has been throughout the occupation by the trespasser and provided proceedings are commenced within 28 days of the landowner being aware of the trespass/occupation of the property then an interim possession order can be sought.
An interim possession order is an emergency measure and the hearing to determine whether or not it will be granted should take place within 3 days of the proceedings being issued. There are specific rules with regard to the documentation that must be provided to the court and trespasser on issue of the proceedings. The notice of issue and date of hearing must also be served in a specific manner.
At the hearing the Court will determine whether or not to grant the interim possession order and the landowner may have to give undertakings to the Court with regard to action he will or will not take if it later transpires that the trespasser is entitled to occupy the property.
If the interim possession order is obtained then it will provide for the trespasser to vacate the property within 24 hours. If the trespasser fails to vacate it will need to be enforced by a court bailiff or a High Court Enforcement officer.
Please contact Rebecca Weare on 01803 206222 if you need advice on any issues arising out of the article above.
