Action of Trespass

Eviction under Common Law (Self Help Remedy) For Land or Buildings Click on the Icon to go straight to the Action of Trespass form

In some cases a self help remedy is available, any landowners or persons entitled in law to enjoy free possession of their land can enter the said land and effect the removal of trespassers from the property, using Common Law remedies. If a trespasser peaceably enters or is on land, the person who is in or entitled to possession may request them to leave and if they refuses to leave you can remove them from the land using no more force than is reasonably necessary. We recommend that you use our professional services to serve them with a formal request to leave. In the majority of cases this professional approach is sufficient to effect recovery of your land, thus reducing the costs of eviction. To justify the expulsion of a trespasser, the person who uses force must  in possession or acting under the authority of the person in possession. We will therefore require a formal instruction to act prior to intervention. This can be done with the online request form. We then recommend you liaise with the eviction team at our office regarding specifics. Step 1 You issue the instruction to C N Gaunt and Son by giving us the details of the property. You can do this online right now by simply filing in Action of  Trespass Request form. Just click on the link or the icon at the top of the page to go directly to the form. Step 2 We will process the request and assign an Officer to serve the occupiers. A risk assessment will be taken and we will advise the Police of our actions and liaise with them where necessary. Step 3 We will re-attend the premises the following day to ensure the trespassers have left and secure the site. The key factor is speed, we act swiftly upon instructions and our experienced Officers will quickly take control and hand back your property, keeping you advised along the way. This will be by making an attendance at the property and handing too or leaving a notice of our intention. This normally occurs within 24 hrs of instruction.

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All instructions are given prompt attention and where practical, cases will be processed within 24 hours. However, if you require an urgent visit, please feel free to contact our offices directly on 01274 391929 to make immediate arrangements.

Your Questions Answered By Our Experts.

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How much will it cost?

For processing, liaison with the Police, risk assessment and attendance, we charge £250 plus VAT. If required to re-attend, we charge £65/ hour per Officer, together with any contractor’s fees.

What is Halsbury's Law on trespass?

Common law allows a person to use reasonable force to regain possession of their land or property.

How quickly do you act?

Normally with 24 hrs of instruction

Why do you give them 24 hrs notice?

As stated, this reduces the cost of the eviction, as we are paid on an hourly basis, waiting around for the occupiers to get their things together can be expensive.

Can you evict them straight away?

Yes, this increases the charges and requires a minimum of two officers.

What additional Information do you need?

Property If you hold keys and alarm codes please let us know.

Land how many travellers are on the Land.

Do you arrange for the locksmith/ Transporters?

Property Yes,  again if you hold keys and alarm codes please let us know.

Land Yes, removal trucks will be arranged where required.

They have already left.

Property This makes thing easier as there will be no issue regarding peaceable entry. We still need to attend to search any buildings.

Land Call our Office to prevent an attendance, reducing costs.

Do I need to be there?

Property or Land No, we deal with the whole process; we just need to know where to drop the keys and if you require additional services to secure the site.

Are the Police involved?

Property or Land We notify the Police of our intentions and confirm that the Landlord has recovered the premises. Should anything occur then they are aware.

What if they break back in and re-occupy?

Property It is criminal damage and has the Police have been advised, they should assist you in the complaint.

Land If it is the same trespassers then we will re-attend, but this is very rare.

I have a question not listed?

You can call any member of our team who will be able to answer your question; do not worry how silly it may be, we are here to help. Contact us

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