Traveller Eviction

Trespass

Trespass in law is referred to as a tort in legal term. It's defined as entering another person's private property illegally without consent. It also happens when you are granted permission at first then it is withdrawn. In the UK the term is broadly used to mean entering any land or property that does not belong to you without permission. Every parcel of land belongs to someone. It also includes public places. Trespassing in public places occurs when for instance a public place is closed by certain times then being there beyond the stipulated time becomes trespassing. This does not apply if you have acquired a right of passage example, passing via a property to get to your property or tenants in the form of a lease.

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Court Application

Anyone with a property which for some reason has been occupied by trespassers has the remedy of applying to a court for a possession order to be issued to the. It is a standardized procedure and is suitable for a traveller eviction or in a case where you had permitted someone to occupy the property but later withdrawn it. Proceedings are brought to a county court or the high court once the owner files a claim form. Details in the claim form should indicate the name of the trespasser if he or she is known.


Claim Form

A claim form should be accompanied by a sworn statement known as an affidavit stating three things: the kind of ownership of the property, how the trespasser gained entry into the property and the name of the said trespasser if you know. If they are known a copy of the court papers is personally sent to them indicating the case and the details of when the case will be heard. If it happens that the trespasser is not known then the owner has to do one of the following things: openly set the court documents on the entrance in a place that everyone will see or send the details of the court order by post in the clear envelops to the occupants.


Possession

The possession is issued almost immediately especially if the trespasser does not put up a defense. A bailiff of a county court then enforces it. This is usually done once you have a warrant of execution or a possession form which is done by a high court sheriff. Ne can also apply for an interim possession order. Unfortunately, unlike the possession order, this cannot be used on tenants. This is only done when the owner of the property wants compensation for damages on top of possession. When an interim possession order is issued, and the trespasser fails to honor it then it becomes a criminal offense. It is requested in the county court, and you must also provide an affidavit. The same procedure applies where a date is set for the trespasser is given time to present their defense failed to which an interim possession order is an order.


Prevention

Deterring trespassers is easier than going through the court process. Walls or fences that adhere to planning rules and are approved by local authorities can be used to protect property. Documenting incidences of trespassing will also be a long way during the court process.