Contrary to popular myth, trespassers cannot be prosecuted as trespass is not a criminal offence. However, trespassers can certainly be evicted. To protect the interests of landowners from trespassers, we have put together a competitively priced package whereby, for a fixed price of £750 (exclusive of VAT and disbursements), including Court fees and Court attendance, we will:
Send a letter/notice warning the trespasser to leave the land within a set period of time and publish the letter/notice on site if necessary
If the trespassers do not leave, issue Court proceedings and obtain a possession order requiring them to leave the land forthwith, or within a specified time period. To do this we will need a statement from the landowner/agent confirming the trespass and proof of ownership of the land, whether leasehold or freehold interest. These court proceedings are called ‘Order 24’ proceedings and take place in the County Court. Proof of the trespass and land ownership means the Court are obliged to make a possession order. Possession Orders are generally made in open court and court attendance by the landowner’s solicitor is usually necessary to secure the possession order.
Deal with any applications necessary for bailiffs to enter the land and enforce the possession order.
Trespassers can be economically disruptive; a blot on the landscape and cause a good deal of stress as far as the landowner is concerned. However, by taking these straightforward steps outlined above, the negative impact of trespassing can be minimised cost-effectively.
We can also advise on ways to prevent trespass occurring in the first place by, for example, ensuring that property is not left empty and unlocked for long periods. Whilst it may be impossible for farmers and other owners of large pieces of open land to guard against intruders, regular visual checks and warning signs may reduce the risk of trespass, particularly during the summer months.
For certain types of trespass the local council and Police may have powers to remove trespassers without the expense of a civil court action. We can identify when these powers apply and advise you accordingly.
