The #TeamCES Approach Eviction of Trespassers Under Common Law - CES

For many landowners and property owners across England and Wales, the threat of trespassers looms larger than ever right now, in the wake of the pandemic.

At #TeamCES, we’re reacting to this by ‘going back to basics’ and letting everyone know about the vital services we provide.

Government guidance to local authorities has always been that they should seek a court order to remove trespassers from local authority owned land, but for private landowners, there is another solution – Common Law.

Common Law states that:

“If a trespasser peaceably enters or is on land, the person who is in or entitled to possession may request him to leave, and if he refuses to leave, remove him from the land using no more force than is reasonably necessary. This right is not ousted if the person entitled to possession has succeeded in an action at law for possession but chooses not to sue out his Writ.”

The last part of that statement details how a landowner can actually look to go through the court and seek to use Common Law at the same time, in the hope of Common Law providing a speedier solution.

How does Common Law work then?

Here are the key things to remember:

Use of force – If the trespasser refuses to leave (as long as they have been asked to leave the land first) they can then be removed using “no more force than is reasonably necessary”. This can be conducted by the landowner themselves, but at #TeamCES, we would always endorse the use of a company like ours.

Certificated Bailiffs – Bailiffs (enforcement agents) are clued up on the law and procedures of evictions, they know how to do proper risk assessments and they manage the health and safety of everyone throughout all stages of the eviction. Companies like ours have the resources and reputation to be able to conduct evictions safely and legally.

Breach of the Peace – Whilst our reputation for peaceful evictions and 100% success rate in evictions has meant that breaches of the peace on #TeamCEs jobs are rare, they aren’t impossible, meaning that the police should always be asked to observe and stand by during evictions. This doesn’t just safeguard the landowner and eviction company; it also safeguards the trespassers.