Whilst this is often seen as a controversial issue, a common and serious problem for local landowners can be how to deal with trespassers who have moved onto their land and simply refuse to leave. This is an increasing problem and affects all kinds of commercial property from agricultural land to trading estates. May and June are often especially problematic months, as large numbers of people make the annual trip to traditional meeting places, like the Appleby Horse Fair. Land owners across Yorkshire can find that they become the unwitting and unwilling temporary landlords of trespassers on their land. In many circumstances, this can have a highly detrimental effect on the occupied site and the landowner’s business. Incidents of crime and disorder, vandalism and anti-social behaviour often increase dramatically once encampments appear.
The answer may seem obvious. What stops the landowner simply removing the trespassers himself? Not taking into account the risks to personal safety, pursuing the option of self-help puts the landowner at risk of civil claims and criminal offences, including assault and criminal damage. It is understandable that some landowners feel that this is an affront to their rights as property owners and many would agree; however, the risks are really too great to ‘have a go’.
The only safe option for a landowner in these circumstances is to take swift action to obtain an order for possession over the land. This allows the High Court Enforcement Officer to evict the trespassers without risk to the landowner. Compared to other types of court claims, the process is relatively quick and simple. It is often possible for proceedings to be issued on the day the trespassers arrive, and for an eviction to take place within 3 to 4 working days. If proceedings are necessary, accurate information about the trespassers is crucial and will form the basis of any action. If it becomes necessary, make sure that information concerning numbers of people, vehicles and the precise location of the trespass is readily available. Providing ownership of the land is not in dispute, an order for possession can invariably be obtained.
As in most situations, prevention is better than cure. Landowners should take what steps they can to secure their property and to try and avoid trespassers getting access to their land in the first place. Obviously this is not always possible, but landowners should take some comfort in knowing that, if it they are unlucky enough to experience this problem, there is an effective and reliable solution available to them. Our advice would be to act quickly and decisively.
