Can I remove protesters from my land?

If your land is being used as a location for protests without your consent, then you need to take the correct steps to remove them so that you can recover your land successfully and legally.

Upon discovery of protesters on your land, the first step you should take is to ask them to leave. Should they refuse to vacate, then you should then begin the following processes to get the protesters to leave your land.

Use Common Law

Protesters that are trespassing on your land can be removed using common law procedures. This is often the quickest and cheapest way to reclaim your land, which is why it is the first method Able Investigations will use to reclaim your land when instructed.

Using Common Law and operating under Section 77 of the Local Authorities Act, our enforcement officers can usually have land cleared of protesters within 24 to 48 hours of instruction.

When removing protesters under common law, we may request a police presence. Though the police are unable to assist in removing trespassers, then can make arrests if they observe any criminal offenses being committed.

Obtaining a Court Order

If you have been unable to remove protesters from your land, or they have returned, then you may want to obtain a possession order under Part 55 of the Civil Procedure Rules. This can be a lengthier and more costly process than removing under common law, so may not be suitable if you require protesters to be removed quickly.

To apply for this possession order, landowners must submit an application to the County Court that has jurisdiction over the land. Once the order is granted, then landowners can instruct a certificated enforcement officer to remove trespassers.

This type of order differs from an Interim Possession Order and the procedures required to evict from premises, as it applies to land and properties.

Able Investigations are experienced in land repossessions and the removal of protesters. If your land has been occupied without your consent and you need quick and legal assistance in removing protesters, then please get in touch. Call us on 0345 366 0000.

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