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Dealing with trespassers- 08/09/2011
With the date of 19th September set for the eviction of Irish Travellers living without planning permission at Dale Farm in Crays Hill, Essex, litigation lawyer David Campbell of Wolverhampton law firm FBC Manby Bowdler LLP considers what courses of action are available to landowners where people trespass on their land.
“The case of the travellers at Dale Farm is different to that of trespass, as they actually own the land, but while the impending eviction of some travellers at Dale Farm is attracting national interest, we are being asked increasingly often by landowners for advice on trespassers, when people park up and remain on land without the consent of the landowner,” says Mr Campbell.
“There are a number of remedies open to landowners, but it makes good sense to take legal advice on the best option in advance.
He continues: “There is power under common law for landowners to simply take back their land. The trespassers should be given notice that they should leave, but if they do not then landowners can physically remove them and their belongings including vehicles and, where appropriate, caravans. Landowners are entitled to use no more than ‘reasonable force’ to do so. It is good practice to have the Police on standby in case there is a ‘breach of the peace’.
“Alternatively landowners can issue a claim for possession of their land in the local court. They have to give notice to the trespassers of the hearing date. Trespassers rarely appear in court and the court will grant possession straight away but then landowners need to apply for a warrant to evict the trespassers from their land.
“Police have power under s.61 and s.62 of the Criminal Justice and Public Order Act 1994 to direct people to leave land. A senior police officer has to believe that two or more people are trespassing, and that they are there to reside, and that reasonable steps have been taken by, or on behalf of, the genuine occupier to ask them to leave.
“If the people have caused damage to the land or to property on the land or used threatening, abusive or insulting words or behaviour towards the occupier, or they have between them six or more vehicles, then the Police can direct that they leave and not return within three months.
“It is an offence to fail to leave the land as soon as reasonably practicable or to return within the three month period. The direction only applies to people who are on site at the time the direction is given so, therefore, does not apply to any people who arrive on the land after the direction has been given. Police also have the power to direct that people leave the land where there is only one vehicle on the land, but only if there is a suitable pitch on a relevant caravan site.
“A local authority also has the power to direct and authorise campers to leave land. If the person to whom the direction has been given fails to leave the land as soon as practicable or returns within a three month period then an offence is committed.
“If a direction to leave given by the local authority is ignored, then the local authority can apply to the Magistrates’ Court for an order requiring the removal of any vehicle or other property which is present on the land and any person residing in the same. It is an offence to wilfully obstruct any person who is seeking to enforce the order once granted.”
With 33 partners, FBC Manby Bowdler is one of the largest law firms in the West Midlands. In addition to Wolverhampton, the firm also has offices in Willenhall, Telford, Shrewsbury and Bridgnorth.