Trespass claims

Trespass claims

Removal of trespassers

Unauthorised occupants of land or commercial premises can be a nightmare for obvious reasons. A land owner has rights under common law to evict the illegal occupier without recourse to the courts in accordance with Halsbury’s Laws of England (Paragraph 1400, Volume 45, 4th Edition) which states that:-

“If a trespasser peaceably enters or is on land, the person who is in or entitled to possession may request him to leave, and if he refuses to leave, remove him from the land using no more force than is reasonably necessary. This right is not ousted if the person entitled to possession has succeeded in an action at law for possession but chooses not to sue out his Writ.”

In most cases the removal is successful, but it will depend on the number of occupants and their intentions. The police can attend to prevent a breach of the peace but have no powers to assist with the removal.

In circumstances where the Police have utilised Section 61 of Criminal Justice and Public Order Act 1994, we are happy to support the trespassers removal and secure the site with their assistance.

Burlington Group will handle the process quickly and resolutely. Our dedicated team will attend the scene on receipt of the warrant and effect eviction without delay.

Click here to download our warrant for same day nationwide service.

Frequently Asked Questions (FAQs)

What is an unauthorised encampment?
An unauthorised encampment is when persons in caravans, trailers or vehicles or any other moveable accommodation move onto land that they do not own.
Will I have to take obtain a Court Order to move the trespassers off my land?
You do not have to obtain a Court Order, using the common-law route is an alternative course of action but is not guaranteed. It is usually most effective when trespassers are in transit and stopping for a relative short period of time. If they don’t move then a possession Order may be able to obtained from the Court.
How does the common-law route work?
Notices are initially served upon the trespassers to leave the site usually within 24 hours. If the notice is ignored or disregarded our enforcement agents will attend the site and will supervise the removal of the trespassers. The police will be informed and called upon if needed. Arrangements will also be made for the attendance of recovery trucks if required.
Who can instruct to remove trespassers from private land?
We can receive instructions from landlords or managing agents.
How will long will it take to remove the trespassers?
Our aim is to remove the trespassers within 24 hours of accepting instructions.
Will the police be called?
The duty of the police is to prevent a breach of the peace and prevent any crimes being committed. Some police officers will not support common law evictions.