Travellers and trespassers: how to report trespassing and recover land

Treaspassing

As a landowner, it can be frustrating to find out that your property has been improperly occupied by travellers. While asking them to move on should be your first recourse, there are further steps you can take if they refuse.

What does the law say?

Trespassing on private property is a civil rather than criminal offence. If trespassers refuse to leave after being asked politely, landowners are entitled to remove them from their land “using no more force than is reasonably necessary”.

Should you use Enforcement Agents to evict trespassers?

Technically you can do this yourself, but it's best to make use of Enforcement Agents. As well as providing extra manpower, it also helps to ensure the process is safe and in accordance with trespassing laws in the UK. As they're experienced in evictions, they'll be able to conduct risk assessments and follow health and safety procedures throughout the process.

Can I get the police involved?

If there are more than two trespassers on your land and you've already asked them to leave, the police can step in if one of the following three conditions has also been met:

• they've caused damage to your land
• they've been threatening, insulting or abusive towards you, your family members or your employees
• they have more than six vehicles parked on your land

If they don't leave, or if they come back within three months, it counts as an offence.

Should I tell the police, even if those conditions aren't met?

Yes. Legally, police should always be told if an eviction is about to take place. It also makes it safer for yourself and the Enforcement Agents if the police are on hand to prevent aggressive behaviour from evictees. The police retain the right to decide whether it's unsafe to carry out the eviction, in which case you should agree together on a suitable alternative time. 

What about squatters rights?

Squatters rights were done away with in England and Wales eight years ago, when section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 was introduced. At that time, squatting was already a criminal offence in Scotland. Note that this legislation doesn't stretch to cover commercial premises. 

If you need assistance removing trespassers from your land, Dukes can help. Read more about our trespasser removal services.