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Evicting Trespassers

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Evicting Trespassers

As High Court Enforcement Officers and Certificated Enforcement Agents, Chartsbridge are able to remove trespassers, travellers or any unauthorised encampments in England and Wales using either Common Law or powers under a High Court Writ.

Under a Common Law right to possession, a land/property owner has rights to evict any illegal occupier(s)/encampments without the need of a court order.

Need help with the removal of trespassers?

Serving an eviction notice for travellers and trespassers

By using Chartsbridge High Court Enforcement Officers, you can fast track a trespasser removal or traveller eviction process should police assistance not be forthcoming. You may need to obtain a court order which can be transferred to the High Court, then executed by our High Court Enforcement Officers under the authority of a Writ.

Why choose Chartsbridge to evict trespassers?

  • Certificated Enforcement Agents
  • Eviction either under Common Law or by using a writ of possession
  • Fast eviction process

FAQs about trespasser evictions

If a trespasser has peacefully entered land, a landowner must firstly ask the trespasser to leave. If they refuse, landowners may use no more than reasonable force to eject the trespasser. However, if a trespasser has entered forcefully, a landowner may evict them without asking them to leave.

Instructing experienced enforcement agents to carry out an eviction is usually recommended.

You may wish to contact the Police who can attend under Section 61 of Criminal Justice and Public Order Act 1994. However, there may be some circumstances where this is not an option. Our property enforcement team has a vast wealth of experience with trespasser removals and can act swiftly upon instruction to minimise the time spent. We will usually serve trespassers or an unauthorised encampment with a Notice to Quit under the Common Law landlord's right to possession. This is a 24 hour notice for trespassers or an unauthorised encampment to vacate the premises. Should they fail to adhere to the notice, our enforcement personnel will remove them under the appropriate authority.

There are two methods for how to evict travellers or trespassers from private land; either through Common Law or by obtaining a possession order and then enforcing it using a Writ of Possession. Whilst the use of a Writ is a lengthier process, the eviction of travellers of trespassers from private land will be carried out under a court order by a team of High Court Enforcement Officers who have a wealth of experience and expertise in the conduct of evictions.

If travellers or trespassers have set up unauthorised encampment on council owned land, the council must obtain a court order for possession of that land. They can then transfer the order to the High Court for enforcement by our High Court Enforcement Officers.

This will depend on the legal process that is chosen. Actions under Common Law can be taken immediately although we would usually advise giving the trespassers sufficient notice (usually 24 hours) to allow them time to vacate.

The process of obtaining a possession order and enforcing by a Writ of Possession can take longer, although a fast track option exists to speed up the legal process.

Need to evict a trespasser or travellers?

For further information on how Chartsbridge can assist you with eviction of trespassers or any unauthorised encampments, please contact our London office on 020 7788 8484 or instruct us online

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