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Is the jurisdiction to take out gypsies or travellers after settling on a piece of land lie with the council in Bath without asking the owner of the land?
No.
However, if the council finds the camps of these gypsies and the travellers on the land of the Council in Bath, Abbas Combe, or Burton, the Council has the right to remove or evict these travellers but not on private land in Somerset.
At first, you should talk to the unwelcomed visitors and let them know that you are the owner of the land.
Find out why they are in your Bath property and the duration of their stay in Somerset.
Do an assessment if they are causing any disturbance in Bath.
Contact the local Somerset council if the camp is encroaching on a right of way or highway in Bath.
It is highly recommended that you discuss this issue with your solicitor and enquire about the possible legal cost.
Many travellers and gypsy families are friendly, and they love interacting with other members from different communities in Somerset.
Keep in mind, though, that they may be open-minded at first, but face a lot of racism and intolerance.
If you feel that the discussions being held are not fruitful, ask for help from Denbigh Franks instead of continuing the negotiation.
Where there are good relations at the beginning, the landowners in Bath, Abbas Combe, or Burton will most likely allow small groups to stay for a short while if they do not cause disturbance.
Some Bath landowners are happy with the contribution made by the travellers and gypsies to improve community life even though it only for a short while.
The long-term occupation will require permission from the Somerset City Council.
The part 55 of the Civil Procedure Rules gives you the right to seek possession in the civil courts in Bath.
This involves:
Asking the Bath travellers to remove themselves (responsibility of the landowner)
Issuance and serving a Somerset court summons
Asking for a possession order in court in Bath
Serving order of possession in Somerset
Effecting a warrant for repossession using the Denbigh Franks county court bailiffs
Often, gypsies and travellers in Bath will tend to move out once they have been given a notice.
In some cases you can hire bailiffs from Denbigh Franks that are private to remove unwanted occupants in Bath without a possession order.
Note that there must be at least two days between the court proceedings and service of documents if the hearings are initiated in the Somerset court under the Civil Procedure Rules of 1988 to acquire an eviction order for Bath.
The cost of your solicitor's fees will need to be discussed first as they charge various amounts in Bath.
You're responsible for disposing of the waste in Abbas Combe, Bath, or Burton, but Denbigh Franks can offer you a quote for the work if you prefer.
The police can attend all the sites in Bath reported to them but trespassing is not an offence that is criminal, it is a civil offence.
Thus, the police have nothing to do with trespass prevention or trespassers' eviction as it is the landowner's responsibility in Somerset.
The Somerset police monitor each incident that takes place on an authorised traveller site in Bath and can act in respect of the Department for Communities and Local Government and Home Office rules.
The police have the right to move Gypsies and Travellers in Abbas Combe, Bath, or Burton off the land if settled people commit a crime.
It is also at their discretion to evict them from a land in Bath where their behaviour goes against established rules such as the Criminal Justice and Public Order Act 1994.
In some cases, where there are more than 5 vehicles belonging to the travellers in Bath, under Section 61 of the Criminal Justice and Public Order Act 1994, Somerset police have the right to use powers.
These powers only applies in serious criminal circumstances or public disorder in Bath that by criminal legislation that is normal can't be addressed capably and in which the trespassory occupation of the land is an important consideration.
I should point out that under Human Rights Act, the law may restrain the Somerset police from using the criminal Justice and Public Order Act 1994 in situations where the police do not consider a person's human rights as enforceable by the civil courts in Abbas Combe, Bath, or Burton.
If the Bath landowner refuses to take the necessary action to evict the Gypsies or Travellers, what will the Somerset council do?
If any such thing happens, the proceedings will be done against the landlord in Bath who requires to vacate his land due to the encampment of the gypsies and the travellers in Somerset.
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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.