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.
We will handle the process quickly and resolutely. Our dedicated team will attend the scene on receipt of the warrant and effect eviction without delay. Please complete the following form and a member of our specialist team will be in touch with you. If you require help filling up the form or have any other type of judgment or particular needs for our transfer up service, please contact Andrew Solomou on 0333 3203 355 or email [email protected].
Our opening hours are 8 AM to 8 PM Monday to Friday, 8 AM to 4 PM on Saturdays.
It is always quicker and easier to contact us by phone or email. If you do need to send us anything in the post, please send it to:
To pay by post, send a postal order, cheque or banker’s draft, made payable to ‘Marston’ to the address above. Make sure that you write your name and our reference number on anything you send us and if sending us a payment, on the back of the postal order, cheque or banker’s draft so we know what the payment is for.