Gypsy Travellers

Can you just move them on?

In England and Wales Gypsy Travellers are subject to the same laws as the settled community. 

Problems occur though when there is a conflict between the rights of the land owner to the exclusive possession and enjoyment of the land and the wants and needs of the nomadic community. The most problematic conflict occurs when a nomadic community camps on land without the authority of the owner.   

There are several alternative procedures available to landowners when dealing with unauthorised encampment. The will depend on whether you are a public or private landowner.

Local Authorities, as owners of public land have special powers to remove Travellers. Also the Police have discretionary powers to direct the trespassers to leave, to seize their vehicles, and to dissipate large groups. However this doesn’t help the private land owner, so what can the private landowner do?

One method is for the private land owner to apply to the Court for an Interim Possession Order followed by a Final Possession Order. With such an Order they can lawfully remove the travellers with the assistance of the police and / or registered Bailiffs once the Interim Order is made.

When applying for the Order it is worthwhile noting and identifying any unique features e.g. vehicle registrations. Identifying these characteristics means that if the same travellers do come back to the site they will be easily identified and can be removed without the need for a further Possession Order.