Common law can be used by, or on behalf of, the landowner to remove unauthorised encampments of travellers. It allows you the landowner to regain possession of your land and does not require you to go through the courts.
Common Law can be enforced by Penham Excel to act on your behalf and we can
be instructed very easy by contacting one of our dedicated Traveller Eviction Team on 033 000 20705.
Prior to or during the eviction, our Agents will make contact with the local Police and under normal circumstances they will respond to any requests for assistance to prevent any breaches of the peace.
Under Common law the ‘tort of trespass against property’ allows landowners to evict travellers from your land, seek damages for the trespass and enables you to prevent further trespass, although it does not provide automatic sanctions if the trespassers return in the future.
The law states:
“If a trespasser peaceably enters or is on land, the person who is in or entitled to possession may request him to leave, and if he refuses to leave, remove him from the land using no more force than is reasonably necessary. This right is not ousted if the person entitled to possession has succeeded in an action at law for possession but chooses not to sue out his Writ.”
If you go down this option it is best to engage the services of Penham Excel as we have a complete understanding of the relevant law and procedure and will act within those laws. We also have the necessary experience, resources and manpower to conduct the evic on whilst following important health and safety procedures.
Contact us here now for more information on Evicting Travellers Utilising Common Law.