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The category of area in Bath will determine the powers you will have and if it is secured through permission planning and a license for the area if the camping has been done on a traveller/gypsy area that is privately-run in Abbas Combe, Burton, or Bath.
People who stay on a protected land have a lot of rights as compared to those living on an unprotected site in Bath, including increased protection from eviction in Somerset.
The unprotected sites in Bath usually don't have a site license and the planning permission so, the travellers who are staying on these sites in Somerset won't have enough rights and they can easily be removed from the site without any hassle.
However, as an ordinary law occupant in Bath, Abbas Combe, or Burton, being removed, you have some rights including the permission to be served with a notice 4 weeks earlier, it is rarely done in Bath.
The land owner or the local authorities have the authority to evict the travellers if they've parked up on private land in Bath without consent.
Keep in mind that the owner may not even know that you're there unless they get complaints about your campsite in Somerset.
It may be worth contacting the Bath landowners and discuss the issue with them - if the camp in Burton, Bath, or Abbas Combe is not causing problems and they don't want the land for anything else, they may allow you to stay.
If the resident or land owner in Bath has decided that you should leave, they may:
Request for ownership interdict or order from court in Somerset to send you out from Bath
Ask the council in Bath to evict you
Ask the Bath police to intervene and evict you
Remove you from their Somerset land by themselves
In the event that you camp on unauthorised space without the owner's permission in Bath, Abbas Combe, or Burton, the authorised occupant or property owner may request for an order in Bath from court to get you out of their land.
In case this occurs, you will receive Summary Cause Order- a document from court, indicating when your case is due for court hearing in Bath.
Upon receiving the summons, get the advice either from a solicitor or Denbigh Franks.
You can contact your lawyer in Bath for help through the local Citizens Advice.
Because you're living on the property of the landlord in Bath, you're not likely to have any recourse when the matter comes to court, but a judge may be able to help you postpone the removal under humanitarian grounds in Somerset, for example, because you can't move forward because someone in the family becomes sick.
You will have no choice but to move on from Bath if the Sheriff provides an eviction order.
Applying for an interdict means receiving a Bath, Burton, or Abbas Combe civil court order instructing you keep off a certain place or individual or barring from doing something in Somerset.
You will get sent some court papers, if a landowner in Bath asks for an interdict order, which explain what you will be required to do.
E.g. it can be to stop you from moving to the owner's land in Bath in the first place or move out of that particular land.
If these court papers are sent to you in Somerset, contact a law centre or solicitor immediately.
You can also find information about the relevant solicitor in Bath with the help of your local Citizens Advice.
Your solicitor will defend your action in the court.
Before granting the interdict, the court in Burton, Bath, or Abbas Combe should take into consideration your circumstances.
Of starters, if it causes you and your family in Bath considerable distress, the sheriff may not approve an interdiction.
If you don't move from Bath even after the interdict is granted, you might be arrested if interdict gives police in Somerset the power to do so.
The owner in Bath may provide evidence about the damages you have caused to the property so, you will have to face heavy fines or imprisonment.
The Somerset council has the legal right to move anyone living on the property owned by someone else if the Bath landowner does not have planning permission for the land, or if there are any public health issues occurring.
As a final option for evicting you, police can be involved by the landowner in Bath, Burton, or Abbas Combe.
The landowner in Bath has the right to evict you without getting a court order.
Nevertheless, they should do that without damaging your property or vehicle and you can report a landowner who injures you during a forceful eviction to the Bath police and such a landowner may be charged to court.
However, you need to collect as much evidence as possible to prove your claims in the court and you can simply take some photographs or film the entire incident in Somerset on your mobile.
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If you would like to find out more about the bespoke security services we provide here at Denbigh Franks, please do not hesitate to get in touch today. We look forward to answering any questions you may have.