What is Halsburys Laws – Common Law – on trespassing?
- According to Halsburys Laws of England (paragraph 1400, vol 45, 4th ed.), a private landowner may remove a trespasser using “no more force than is reasonably necessary”. This removal can be conducted by the landowner, but handing the task over to a Certified Bailiff will ensure that the appropriate procedure is followed and that the relevant laws are adhered to.
How quickly can you evict, and when will I get my land back?
- In most cases, we can respond on the same day as your call. Where possible, we will conduct the eviction immediately and you can have your land back as quickly. Certain factors may mean that immediate eviction is not possible, in which case we will serve notice for trespassers to leave of their own volition, and re-attend the following day to carry out an immediate eviction if necessary.
What information do I need to provide you?
- We will need to know an estimate of the number of trespassing people and vehicles on your land, and whether they are occupying a building or other structure. If any keys or access codes are required to enter your site, we will need to know these, too./dd>
Can you organise removal transportation and site security?
- Yes, we will arrange removal trucks if required, and following the eviction we will organise a locksmith and provide any additional security measures you require, such as fencing, concrete bollards or guard services.
What if trespassers have already vacated the land?
- If the trespassers appear to have vacated the property before we attend, our team will still conduct a thorough inspection of site structures, checking for signs of damage and to ensure they are empty and safe. If you do not have any buildings or enclosures on your site then you may not require our services – please call to cancel your booking and prevent unnecessary call out charges.
Do I need to be present when you attend the site?
- No. Our professional team will take care of everything. All you need to do is let us know if you would like us to install any security measures as outlined above. If you choose to have replacement locks installed, we will also need to know where you want the new keys left.
Will the Police attend the eviction?
- The eviction is handled solely by our team, who will attend the site and carry out a risk assessment before proceeding with the removal. The police only need to be notified in certain circumstances, such as a breach of the peace.
What if the trespassers return?
- In the unlikely event that the same travellers return to your land on the date of removal, we will re-attend to remove them again, with no additional call-out fee. If the land is re-occupied after the initial eviction date then we will require a separate instruction. Should you be concerned about the vulnerability of your site, we would recommend installing measures to prevent easy access.
If there is criminal damage to your property, you must report it to the police. You may use the evidence and photography taken by our agents as proof, although it may be difficult for them to find the perpetrator if there are a number of trespassers on your site.
If you would like to know more about our eviction services, call us with any question today. One of our friendly team will be happy to assist you, simply call on 0800 043 2742 or send us an email using the form on our contact us page.