What powers do I have as a landowner?

Below is a list of powers available to you to remove unwanted unauthorised occupants.

Common Law

  • This can only be used by the landowner or their authorised agent and does not require court involvement.
  • If you use the Common Law, there is no penalty against the unauthorised occupants should they return.

Sections 77-78 Criminal Justice and Public Order Act 1994

  • This can only be used by a local authority and can be used on any land within the local authorities area, irrespective of ownership.
  • The act is used to remove identified individuals from land.
  • It only requires the involvement of the courts when unauthorised campers do not leave when directed to do. In this instance, possession is enforced by local authority officers or private bailiffs employed by the local authority.
  • The return of unauthorised campers and/or their vehicles to the location within three months carries criminal sanctions.

Part 55 Civil Procedures Rules (Possession Order)

  • This can only be used by the landowner or their authorised agent and requires carrying out a civil court procedure.
  • Through using this, there is no penalty against the unauthorised occupants should they return.
  • There is no definite time period in which this is carried out; this can take a couple of days or a couple of weeks.

Part 55 Civil Procedures Rules (Possession Order)

  • This is used by local authorities to remove unauthorised occupants from their land.
  • It only requires involvement from the court if trespassers do not leave when directed to do so.
  • This is enforced by local authority officers or private enforcement agents employed by the local authority.
  • The return of the unauthorised occupants to the location within three months carries criminal sanctions.
  • This involves arranging an initial assessment on the land in question, including assessing the health and education needs of the individuals, as well as the number of people present, how many vehicles are on the land, and if there are any animals
  • If the unauthorised occupants return to the land within three months, this carries a criminal sanction.

Sections 61-62 Criminal Justice and Public Order Act 1994

  • This can only be used and enforced by the police.
  • It is used to remove identified individuals and/or their vehicles from the land, and there must be two or more persons trespassing on the land before the power can be used.
  • If the unauthorised occupants return to the land within three months, this carries a criminal sanction.