How To Evict Travellers From Private Land Legally?

Definition paragraph

Your eviction rights start with a statutory Section 61 notice under the Criminal Justice and Public Order Act 1994. The notice must give travellers at least 28 days to vacate private land, unless you can prove a shorter period is reasonable - such as imminent safety risks. After the notice expires, you may apply to the county court for a possession order. The order does not transfer title; it simply authorises bailiffs to enforce removal of the trespassers.

Examples paragraph

A landowner in Norfolk served a 28‑day Section 61 notice after a caravan set up on a meadow; the travellers left voluntarily, avoiding court involvement. In a London borough, a landlord demonstrated that a fire‑hazard required a 7‑day notice; the court accepted the shortened period and issued a possession order the following week.

Once the order is granted, bailiffs execute the eviction, physically clearing the site and restoring access to the landowner. As we covered above, speaking with travellers first can sometimes render the notice unnecessary, while the upcoming 'secure a possession order fast' section explains how to expedite court approval when negotiation fails.

Speak with the travellers on your private land before serving any formal notice. Approach calmly, ask where they're staying, listen without interrupting, then state the property owner's right to exclusive possession as covered above; give a specific date - typically seven days - to vacate, and record the exchange in writing or via audio (with consent).

A clear, documented conversation reduces hostility, limits legal fees, and smooths the path to the common‑law notice and later budgeting for eviction costs. Note the time, names, and any promises made; that paper trail becomes vital if court action or bailiffs become necessary.

Set aside a realistic budget before starting eviction; typical outlay runs from a few hundred to several thousand pounds. Factor legal, court, enforcement, and clean‑up costs to keep surprises at bay.

• Allocate solicitor fees early; a straightforward common‑law notice draws £150‑£300, while contested cases can climb above £500.
• Expect a court filing charge of £355 for a possession claim as listed on the official fee schedule, with extra costs for accelerated tracks.
• Budget bailiff expenses next; agencies charge around £150‑£250 per day plus a percentage of any recovered rent, depending on site size.
• Include site‑security spend such as temporary fencing, lock replacement, and debris removal, typically £200‑£800 for a medium‑sized plot.
• Reserve a contingency fund of roughly 10‑20 % of the total estimate to cover unexpected disputes or extra court appearances.

A common law notice informs travellers that they are trespassing on private land and must leave within a specific timeframe.

1. Draft the notice on paper. Include the landowner's name, a clear description of the property, a statement that the occupants are trespassing, and a demand to vacate within 24 hours (or another reasonable period). Keep the tone factual, not threatening.
2. Deliver the notice where it cannot be missed. Attach it to the main entrance door, pin it to any vehicle parked on the site, or hand‑deliver it to the travellers. The goal is a visible, physical service that the occupier can point to later.
3. Record the service. Photograph the posted notice, note the exact time and date, and, if possible, obtain a witness signature confirming what was seen. These records become essential evidence if court action follows.
4. Monitor compliance. If travellers remain after the deadline, treat the situation as unlawful trespass and move to the next step - applying for a possession order (see the 'Secure a possession order fast' section).
5. Avoid involving police for civil trespass unless there is damage or a breach of peace; they generally will not enforce a common law notice (refer to 'Know when police can help you' for details).

For official guidance, consult the government's trespass notice advice.

Avoid These 4 Eviction Pitfalls

• Skipping the legally required notice, such as a 7‑day notice to quit, before applying for a possession order invalidates the claim and exposes the landowner to civil and criminal penalties (as outlined in 'Serve a common law notice yourself').
• Relying on informal warnings or verbal agreements offers no protection; courts require documented notice and a clear request to vacate.
• Assuming police will physically remove travellers overlooks their limited role - law enforcement may intervene only when criminal activity occurs, not for a civil eviction.
• Attempting self‑help measures, like changing locks or hauling belongings, contravenes trespass law and can trigger liability for assault or property damage.

Police intervene only when a criminal offence or immediate danger arises on private land. An assault, arson, or a breach of the peace gives officers authority to remove travellers and secure the site. If the matter escalates to violence, officers may also issue a warning or detain individuals until a court order is obtained. Their power stops at the point where the issue is purely a civil tenancy dispute.

Pursuing a possession order, then hiring bailiffs, is the correct route for non‑violent cases (see official eviction guidance).
Civil eviction remains outside police remit; a common law notice or possession order must drive removal. Officers may accompany bailiffs once a court authorises eviction, but they cannot enforce the notice themselves.

Fastest route to a possession order is to file a claim in the County Court and ask for an expedited hearing. The court's notice (Form N5) doubles as the legal demand, so a prior common‑law notice isn't mandatory, though serving one can bolster evidence if you've already tried talking to the travellers (as we covered above).

1. Gather proof - take photos, keep dates of the encampment, and copy any written communication with the travellers.
2. Complete Form N5 - fill in details of the private land, the unauthorised occupation, and the relief sought; attach the evidence pack. Submit online or at the court office and pay the filing fee (£355 ± £20).
3. Request urgency - in the cover note flag 'urgent' and explain risks (health, safety, property damage). Courts often allocate a hearing within 14 - 21 days, but backlogs can stretch that, so a clear urgency request helps secure a faster slot.
4. Attend the hearing - present the evidence, answer the judge's questions, and obtain the possession order on the spot. The order will specify a date for bailiffs to enforce removal, leading directly into the next section on hiring bailiffs.

A court‑issued possession order gives bailiffs legal authority to clear travellers from private land.

• Contact a licensed enforcement agency; ensure they hold a valid High Court warrant for the order.
• Provide the original possession order, a copy of the common law notice, and any tenancy‑related paperwork.
• Request a written quote; typical fees range from £150 + expenses for a short‑notice visit to £300 + expenses for a scheduled operation.
• Agree on a clear timetable; bailiffs usually attend within 7‑14 days of confirmation, weather permitting.
• Verify that the team carries personal protective equipment and a means of documenting the cleared site, such as photographs or inventory lists.

With the order in hand - as we covered in the previous section - engaging bailiffs becomes a straightforward, enforceable step toward regaining control of the land. Once the site is vacated, the next phase involves recovering any damage caused by the unsanctioned occupants.

Travellers leave, then the landowner's right to recover repair costs activates. First, compile a detailed inventory: photographs, receipts, and any contractor estimates. Next, issue a formal demand letter to the former occupants, attaching the itemised bill and setting a reasonable payment deadline. If payment stalls, lodge a claim with the county court using the Small Claims track, attaching the same evidence package.

Should the court issue a judgment, enforce it through the High Court Enforcement Officers or, for lower sums, request a writ of control. Enforcement fees are recoverable, and the judgment can include interest from the demand date. For complex loss - such as lost rental income - consider filing a separate claim under a possession order‑derived damages route, always referencing the earlier common law notice served. (How to make a court claim in England and Wales)

The only way to keep travellers from returning is to combine enforceable legal authority with concrete deterrents.

• Obtain a civil possession order and have bailiffs enforce it; the order grants you the right to possession and allows bailiffs to remove anyone who breaches it without further court steps.
• Serve a written common law notice to leave, keep a dated copy, and re‑serve if they re‑appear; the notice gives police clear grounds to act under Section 61 of the Criminal Justice and Public Order Act 1994.
• Install robust physical barriers - locked gates, heavy‑duty fencing, or concrete bollards - so re‑entry requires force, making any breach an obvious violation of the possession order.
• Register the site with the local authority's anti‑trespass scheme (where offered) and inform the nearest police station; police can respond to a simple request once a breach occurs.
• Deploy surveillance such as CCTV or regular landowner patrols; documented breaches expedite enforcement actions and support any later damages claim.

Secure the perimeter of your private land before any enforcement steps; lock gates, add temporary fencing, and store tools or valuables out of sight. Keep children and pets inside the house and away from the encampment. Avoid any direct confrontation with the travellers until bailiffs arrive.

Document every interaction and retain copies of the common law notice, possession order, and bailiff appointment, as we covered above when serving notice yourself. Record dates, times, and any threats in a notebook or on a phone app, then hand the log to the police only if violence appears imminent. Have a designated safe room where family members can retreat during the bailiff's entry.

Explain to children that the eviction is temporary and reassure them that a safe zone exists inside the home. Schedule a brief debrief with a local mediator or counselor if tensions linger after the site is cleared (see the upcoming 'hire bailiffs to clear the site' section for next steps).

During a festival the usual eviction process speeds up, but the legal foundation stays the same: serve a proper common law notice, then obtain a possession order before bailiffs intervene. Because festivals generate high foot traffic, issue the notice at least 48 hours before the event and keep a signed copy on site to prove you warned the travellers. After the notice expires, lodge a standard County Court trespass claim - use County Court claim form N208 - including photographs of the encampment and any written request to leave.

The court can grant an interim possession order within a week if you demonstrate that the occupation threatens public safety or disrupts the festival schedule. Once the order is issued, instruct bailiffs to attend on the day the festival ends; they will remove the travellers without police involvement unless criminal damage occurs. Should the travellers refuse to vacate, the bailiffs' authority, backed by the court order, allows them to force entry and clear the private land. Record all communications and expenses now; they will support the later damages claim covered in the next section.