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Landowners warned to secure land from unwanted guests…
27/09/2011

The threat of eviction is hanging over the traveller community at Dale Farm in Essex this week, leaving families in turmoil and a community ripped apart after 10 years. Should the eviction go ahead, many travellers will be looking for new land to live on and landowners throughout the country need to be vigilant in watching and protecting their land if they do not want to find it occupied, advises Rachel Watkin, Property Partner at Brabners Chaffe Street.

Dale Farm is host to the largest illegal traveller site in the UK with 86 families being given notice to quit, leaving up to 400 people without homes. While some of the residents may choose to accept accommodation from the local authority, it is very likely that the majority, either through choice or because they have no other option, will move on to create new sites using any large pieces of land they can find; such as farms, playing fields or car parks.

Taking this into consideration, the best advice to landowners is to secure their land to prevent anyone from gaining access. In this case prevention is better than cure - if landowners do not want their land occupied they could put up barriers or fences around their land. Some have even spread muck across their land to discourage anyone from setting up home on it.

If travellers do take possession of the land, landowners must be cautious in their actions to re-possess in order to avoid allegations of unlawful eviction. The usual option for a landowner if they want to evict travellers from their land is to apply to the court for an order for possession. Once an application is issued at the court, the travellers must be served with it and given the opportunity to attend the possession hearing. Following the hearing, the court order will be obtained and it must be served upon the travellers. If they then don't leave, Court Enforcement Officers may be appointed to enforce the eviction. Although a landowner will usually succeed in obtaining an order for possession, it can be costly and landowners are advised that prevention is always better than cure.


For further information contact Rachel Watkin at Brabners Chaffe Street on 0151 600 3057

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