Removing Trespassers

When it comes to traveller eviction options, thankfully you have a few options. There is no standard process, as there are several options. With that said, let's briefly go over what some of those options are.

Common Law

Under common law, you have the right to use reasonable force to remove travellers on your land. Section 61 of the Criminal Justice is where you where it states your right to use reasonable force.

To start the process under this law, you have to send a representative, usually a police officer, to ask the travellers to leave. You can also have certified enforcement officers ask the travellers to leave your property. They must be present when you decide to try to evict the travellers. In short, you want to have either a police officer or the certified enforcement officers get rid of the trespassers.

More information on traveller eviction

writ of possession

Another way to remove trespassers on your property is to use a writ of possession. A high court enforcement officer will be called in to enforce the right. You can also call the local authorities to enforce the writ.

You do need to ask the trespassers to leave and if they refuse to do so, then you have to request a writ. You do this by going to court, and then the writ is served to the travellers.

Unfortunately, this process is long and it may cost you a lot of money.

Consider This

As previously mentioned, you're allowed to use reasonable force. However, there is always a chance the judge may deem it to be excessive and this may result in you being in trouble. This is why contacting a certified enforcement officer or local authorities to accompany you during the attempting eviction is a smart idea.

As for what kind of force you can use, this really isn't clear. What you may think is reasonable may not be reasonable in the eyes of the judge. If you decide to use force, then make sure you proceed with caution.

It is important to consult with a solicitor if you want to fully understand what your rights are when it comes to evicting a traveller from your land. Nobody likes to feel hopeless when they find a traveller or many travellers residing on their land, refusing to leave and disrespecting the land. Just remember, you do have options, but its still wise to seek legal advice.