Traveller and Trespasser Legislation

Under most circumstances you do not need a Court Order to evict trespassers from your land. .

Under Halsburys Laws of England (Paragraph 1400) it states that ‘ If a trespasser peaceably enters land, the person who is entitled to possession may request him to leave; and if he refuses to leave may remove him from the land using no more force than is reasonably necessary’.

There are some circumstances when a Court order may be required such as they have secured premises internally, but we'll be able to advise you on that 

As part of our anti-bribery and corruption policy, (see here) we  are unable to pay travellers or  trespassers to vacate and are unable to support a client who wants to do this.

We would strongly recommend you do not pay illegal trespassers to leave as you are likely to see an increase in traveller activity at your site due to you being seen as a 'cash-cow' or easy target.

As described above, you have a legal right to remove them yourself. However, as a landowner you are legally responsible for the welfare of any one occupying your land (legaly or not).

We are trained and highly experienced in this. We are fully insured, experts in risk assessments, video enabled and trained negotiators.

No. But our likelihood of success is high. Over 15 years doing Traveller Evictions we estimate 97% are successfully concluded.

Police, health and safety and welfare, and occasionally the instructing client are mainly responsible for the 3%

No.  Most people from the travelling community are reasonable people and the majority are not criminally minded.

We serve notice that they must leave immediately (or as agreed with you)

We then give them reasonable time to vacate. Usually this is up to 2 hours.

During this time, we monitor behaviour and ensure they are preparing to move.

If they are being reasonable, we may negotiate extra time, however if they are non-compliant or refusing to leave then we will look at escalating the situation.

In line with the Health and Safety at Work 1999 legislation, you have a legal duty to assess risks and to protect the safety of everyone involved in the eviction process.

We carry out a Generic risk assessment on first attendance and will then relay our recommendation back to you.  We will provide you immediately with our Agents report.  Throughout the eviction process, we will constantly reassess the eviction and modify our actions to manage any risks.

We hold Public liability, Public Indemnity and Employees Liability Insurance?

Copies of which can be requested through our recovery manager

Yes. We can provide security for the site (static / mobile or dog patrols) to ensure your land is secure overnight and we can arrange for contractors to attend to clean up the site if required. Just ask when you phone or request it on the on-line form

Prices start at £350 plus VAT

We only ever use Certificated Enforcement Agents to carry out evictions, a lot of companies now, unfortunately use un-trained security personnel.

All of our agents are ; 

self employed, 

carry body worn CCTV equipment, 

have a minimum 2 years experience in the industry,

are trained negotiators

have on-street and/or classroom training

have successfully carried out evictions.

Are regularly DBS and financially checked.

We pay our Agents well above the national average meaning they want to keep working for us which motivates them to do the best job possible for you.

We carry Public Liability, Indemnity and Employees Liability insurance to a minimum of £10 million in addition all Agents carry a personal bond of £10,000

Yes. Below is a list of all current lawful methods for removing trespassers 

Common law powers (This method)

• can only be used by the landowner 

• are used to regain possession of land; 

• does not require the involvement of the courts; 

• enforced by the landowner and Enforcement Agents where necessary; 

• does not provide any sanctions offence for the return of trespassers onto land

Part 55 Civil Procedures Rules 

• can only be used by the landowner; 

• is used to regain possession of land; 

• requires attendance in Court; 

• possession is enforced by county court bailiffs, where necessary; 

• does not provide any sanctions for the return of trespassers onto land.

Sections 77-78 Criminal Justice and Public Order Act 1994 

• can only be used by a local authority; 

• can be used on any land within the local authority’s area, irrespective of ownership; 

• is used to remove identified individuals from land; 

• only require the involvement of the courts when unauthorised campers do not leave when directed to do so; 

• possession is enforced by local authority officers or Enforcement Agents employed by the local authority; 

• the return of unauthorised campers and/or their vehicles to the location within three months carries criminal sanctions.

Sections 61-62 Criminal Justice and Public Order Act 1994

• can only be used by the police; 

• can be used on any land except the highway; 

• is used to remove identified individuals and/or their vehicles from land; 

• there must be two or more persons trespassing on the land before the power can be used; 

• do not require the involvement of the courts;

• possession is enforced by the police; 

• the return of unauthorised travellers/ trespassers  to the location within three months carries criminal sanctions.

Section 62A-E Criminal Justice and Public Order Act 1994 

• can only be used where an alternative site is available; 

• can only be used by the police; 

• can be used on any land; 

• is used to remove identified individuals and/or their vehicles from the land; 

• does not require the involvement of the courts; • possession is enforced by the police; 

• the return of unauthorised travellers / trespassers to the local authority area within three months carries criminal sanctions.

Government Guidance on Travellers 

No Problem.  

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