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Common Law eviction of trespassers, Trespasser Eviction from Private Land. Based in Leicester we undertake the service of Common Law Orders toghether with service of Orders for Posession of Land from both The County Court and High Court. Eviction of Travellers Gypsies and Itinerant Trespassers on private lane,e.g both Local Authority & Privately owned, Car Parks, Fields, commercial and Industrial sites.
Press Release By Martineau Johnson Landmark judgment gives green light to traveller evictions under uk law 09/03/2006 A new judgment by the Law Lords has effectively ended two years of uncertainty that local authorities have faced when they have sought to evict travellers from their land. Martin Edwards, a partner and a specialist in property disputes at law firm Martineau Johnson, has welcomed the decision which means that travellers cannot now, in most cases, argue that their human rights are breached by an eviction. "It would have been a real problem to councils if the verdict had gone the other way and evictions from unauthorised camps on public land could have been very difficult." The new ruling relates to a claim by a family that Leeds City Council had breached their human rights by moving them from a recreation ground. Initially, the family had claimed that the council's action was a breach of their right to a home and family life as set out in Article 8 of the European Convention on Human Rights and the Human Rights Act 1998. The council had claimed possession as freehold owner against the travellers as trespassers but the travellers based their defence on Article 8, arguing that the council was in breach of its obligations under Government guidance and the statutory scheme for the protection of gypsy families. They also asserted that their personal circumstances and those of their immediate family were exceptional and so required the council to justify evicting them. Prior to this case, there had been several conflicting judgments as to whether or not human rights could be used as a defence. The effect of these conflicting judgments have effectively now been resolved in favour of the council by the Law Lords decision. Mr Edwards said: "The Law lords noted that Article 8 does not guarantee a right to a home or the right to have one's housing problems solved by local authorities. "However, it does guarantee a right to respect for the place where a person lives if his links with that place can be properly classed as his home. Interference with such rights is permitted only where domestic property law allows. "The new judgment has confirmed that provided public authorities comply with domestic property law, they are not required to prove that a possession order is justified in terms of human rights legislation. They no longer have to spend time and costs dealing with human rights issues. In future in cases such as this, the Court will only entertain human rights defences in very exceptional circumstances. "If a local authority faces this situation in the future they should concentrate on securing a possession order in accordance with domestic law and should not delay in taking such action." Michelle O'Brien, an associate in Martineau Johnson's Commercial Disputes team, added: "The judgment means that local authorities can proceed to seek possession of land in cases of unauthorised occupation without having to anticipate and prove in every case that the human rights of those occupiers are not being breached. "Courts will now generally have to proceed on the assumption that domestic law strikes a fair balance and is compatible with this aspect of human rights law." For further information please contact Martin Edwards on martin.edwards@martjohn.com The 1994 Criminal Justice and Public Order Act. Part five of the Act greatly increased the powers of police and local authorities to evict Travellers camping illegally and removed the duty on local authorities, under the 1968 Caravan Sites Act, to provide sites for Gypsies We operate under the Common Law rights of Landowners. - We operate under Section Section 77 for Local Authorities. And under section 61 (Assisting the Police) We also act as agents for Landowners and Trespass Management Companies. We also accept Instruction from Solicitors and Law Firms. We will serve court process on travellers at any location. We also act as East Midlands agents for Trespass Managment Company, Uniqwin UK Ltd. For full details Contact them at http://www.uniqwin.co.uk Common Law rights of Landowners Common law is not law made by Acts of Parliament. It is law made by judges' decisions in the courts over the years. The common law rule says that an owner can evict you if you do not have a right to be on his or her land. Upon receipt of your instructions for a Common Law eviction, the enforcement officer attends upon the land to complete a risk assessment and serve a notice of eviction. Trespassers are normally required to vacate the land in 24hrs. If they do not then Evictions are generally arranged for 08:30 Hrs the next day. Providing us with sufficient time to properly assess the situation and arrange a towing vehicle and Licensed Security Stewards to assist, whilst notifying the police to be on standby to prevent any breach of peace. We operate under Section Section 77 for Local Authorities. Under sections 77-80 of the 1994 Act, local authorities may direct persons who are unlawfully residing in vehicles on land in their own area to leave. These powers extend to privately owned land. It is an offence to fail to comply with such a direction or to return within 3 months. A magistrates’ court can make a removal order authorising the local authority to enter the land and remove the persons and vehicles. Section 77 provides: (1) If it appears to a local authority that persons are for the time being residing in a vehicle or vehicles within that authority’s area - (a) on any land forming part of a highway; (b) on any other unoccupied land; or (c) on any occupied land without the consent of the occupier, the authority may give a direction that those persons and any others with them are to leave the land and remove the vehicle or vehicles and any other property they have with them on the land.’ And under section 61 Assisting the Police Section 61 of the 1994 Act provides a potentially even more draconian power for the police to remove Gypsies and Travellers where the landowner or occupier has taken reasonable steps and where one of three criteria are satisfied. Failure to obey such a direction or returning to the land in question within three months is not only an offence but can result in arrest and impoundment of vehicles (i.e. the Gypsies and Travellers’ homes), even before a magistrates court order has been obtained. Section 61 provides: (1) If the senior police officer present at the scene reasonably believes that two or more persons are trespassing on land and are present there with the common purpose of residing there for any period, that reasonable steps have been taken by or on behalf of the occupier to ask them to leave and - (a) that any of those persons has caused damage to the land or to property on the land or used threatening, abusive or insulting words or behaviour towards the occupier, a member of his family or an employee or agent of his, or (b) that those persons have between them six or more vehicles on the land, he may direct those persons, or any of them, to leave the land and to remove any vehicles or other property they have with them on the land.’ We also act as East Midlands agents for Trespass Managment Company, Uniqwin UK Ltd. For full details Contact them at http://www.uniqwin.co.uk. |
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