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Evicting travellers from commercial land using a Writ of Possession

Evicting travellers from commercial land using a Writ of Possession
Evicting travellers from commercial land using a Writ of Possession

If attempts to remove travellers from your land using common law have been unsuccessful, then you will need to obtain a writ of possession.

Although most travellers can be removed from private land under common law, there are some circumstances that may require help from the court.

If the situation is complicated or there is a significant threat of violence, then the safest way to proceed is to obtain a writ of possession.

What is a writ of possession?

A writ of possession is an order issued by the court after eviction proceedings are won. The order instructs trespassers to leave and the property to be recovered by enforcement officers on behalf of the owner.

How to obtain a writ of possession

You can apply for a writ of possession through the county court or online.

When applying for an order of possession against travellers, the order should be made against “persons unknown”.

The order will only be successful if the situation meets one or more of the following criteria:

  • there are complicated disputes of fact;
  • there are points of law of general importance; or
  • the claim is against trespassers and there is a substantial risk of public disturbance or of serious harm to persons or property which properly require immediate determination.

Once the order has been obtained, it is possible to transfer the enforcement to the High Court so that the eviction can be carried out by a High Court Enforcement Officer. When using a HCEO it is not necessary to give any further notice and on some occasions can be the fastest way to proceed.

We can help with eviction proceedings no matter what the situation and which route you have opted to take.

Evicting travellers using a writ of possession can take a long time. Our enforcement officers can usually evict travellers swiftly and efficiently under common law. 98% of our common law evictions are successful within 48 hours.

For help or advice with evicting travellers from commercial land, call us on 0800 002 9049.

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