Trespasser removal enforcement form

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.

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 320 6200 or email [email protected].

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An unauthorised encampment is when persons in caravans, trailers or vehicles or any other moveable accommodation move onto land that they do not own.

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.

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.

We can receive instructions from landlords or managing agents.

Our aim is to remove the trespassers within 24 hours of accepting instructions.

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.

Contact Marston High Court

For any High Court judgement queries, please call our customer services team on
0333 320 2540.

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0333 320 2549

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Transfer Up instruction form

This service allows you to apply for County Court Judgments to be transferred to the High Court for enforcement.

Writ of delivery instruction form

Our Enforcement Officers are well equipped and experienced in recovering all types of fixed assets whether it be a single car or fleet.

Money judgment enforcement form

We can enforce judgments obtained in the High Court and almost any judgment issued in the County Court.

Commercial forfeiture instruction form

Landlords may instruct us to take peaceful possession of their commercial property.

CRAR enforcement form

Instruct us to recover commercial rent arrears.

Trespasser removal enforcement form

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

Residential possession enforcement form

Instruct us for evicting residential tenants.

Process serving and tracing instruction form

We specialise in process serving throughout England and Wales. Court and legal documents are served on a same day-basis when required. We also undertake trace enquiries.

Employment Tribunal Enforcement Form

Instruct us to enforce employment tribunal awards. We can apply to the court to register the award as a Judgment.

European Enforcement Order Instruction Form

If you have a Judgment from a Country outside of the Jurisdiction of England and Wales but where the Debtor resides in England and Wales then we can assist you.

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Marston, PO Box 12019,
Epping, CM16 9EB

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.

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