If you are in camping on a gypsy/traveller that is run by a private owner in Carlisle, Castlerigg, or Sunderland, then your rights will depend on the kind of site in Carlisle you are staying on and is the site is protected with Planning permission and site license.
Powers for people who live in a protected place are more than the powers for people who live in a place that is unprotected in Carlisle and you will be protected even more against removal in Cumbria.
It differs when you are staying on any unprotected site in Carlisle and it would not give any planning permission and a license of the site and it will probably reduce your rights in Cumbria to a minimum so, it makes the owner evict you easily.
However, you can enjoy some rights as a common law tenant in Carlisle, Castlerigg, or Sunderland who is facing eviction such as the right of being served with the notice of at least four weeks but you may find its enforcement very hard in Carlisle.
In you find yourself settling on personal property in Carlisle without the owner's consent or authorised occupant like the leaseholder, the owner may take actions to evict you.
Always keep in mind that it is also possible that the owner does not know about your encampment in Cumbria unless he gets complaints about your encampment.
Contacting and speaking about the situation with the Carlisle landowner might be worthwhile-if your camp in Sunderland, Carlisle, or Castlerigg doesn't cause any issues and the land is not required for anything else, they might be happy to stay with you.
If the landowner or tenant in Carlisle wishes to evict you, they will:
Apply to the court in Cumbria for a possession order needing you to move out of the land in Carlisle
Request action from the Carlisle council
Ask the police in Carlisle to evict you
Evict you themselves from Cumbria
Landowners can ask the Sheriff Court for an eviction/possession order in Carlisle to remove you from their land if you are encamping on private land in Carlisle, Castlerigg, or Sunderland without their consent.
In this case, you will receive a court order which is also known as the Summary cause Summons, giving you the date of hearing in the court in Carlisle.
It is advisable to seek advice from Denbigh Franks or a legal practitioner once you receive a summons.
You can contact your lawyer in Carlisle for help through the local Citizens Advice.
As you are considered as an intruder on someone's land in Carlisle, so you won't be given any chance of opposing the application, but a solicitor can help you on the humanitarian ground in Cumbria, for example, if anyone is sick in your house, you may get a delay in eviction.
If the sheriff grants the eviction order in Carlisle, you may have no other choice than to vacate the site.
An interdict is an injunction belonging to the civil court in Sunderland, Carlisle, or Castlerigg, that orders you not to do anything or remain away from a specific place or person in Cumbria.
If the owner of the land in Carlisle applies for an interdict, you will receive papers from court that explain what you are required to do.
It may be that the landowner in Carlisle either wants you to keep off the site or vacate it if you have got in already.
Upon the receipt of this court's documents, you should go to your Solicitor or law centre in Cumbria quickly.
You may be able to get in touch with a Carlisle solicitor who can be recommended through local Citizens Advice.
Your action will be defended in court by your lawyer.
Before the issuance of interdict, the court in Carlisle, Castlerigg, or Sunderland takes your condition under consideration.
For instance, if this action will contribute more hardship to your household in Carlisle, an interdict will not be granted.
But, if the interdict is permitted, and you do not align yourself to the terms given, such as leaving the Carlisle land, then the Cumbria police may have the legal power to arrest you.
If the owner in Carlisle is able to prove that you have broken the terms of the prohibition, you may face a fine or even jail.
The Cumbria Council may facilitate the eviction in a situation whereby the Carlisle landowner doesn't have planning permission for the site and you may also be evicted by the Council if the site was discovered to cause public hazard.
This is usually the last option after failing to vacate private land in Carlisle, Sunderland, or Castlerigg.
You should note that the Carlisle landowner has the power to evict you as he does not need a court order to do that.
However, you can report them to the Carlisle police if they injure you in any way or if they cause damage to your property or vehicle and they'd have to face some charges if they caused any trouble to you.
Photos or by recording the incident in Cumbria on video using your mobile phone is recommended to solidify your evidence.
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