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Does the council have an obligation to move Gypsies or Travelers when camping without the permission of the property owner in Chatham?
No.
In the event that Gypsies or travellers camp on land owned by a council in Capstone, Gillingham, or Rochester, the council can evict them, but if the encampment is on a private property in Kent, it is the responsibility of the property owner.
The first step you should do it chat with the unwanted visitors and notify them that you own the land.
You may request to know why they decided to settle there in Kent's Chatham and the time they wish to vacate.
Run an assessment to determine whether there is a cause of the disturbance in Chatham.
If your evaluation of the situation shows that they are stopping the free flow of traffic on the Highway in Chatham, contact the Kent County Council.
It's also advisable to speak to your solicitor about the situation and get informed about possible legal costs in the future.
Most Gypsy and Traveller families love the opportunity to speak to other members of the community in Kent.
Bare in mind they are used to facing racism and another intolerant behaviour, so they may be stand-offish.
If you think the discussion isn't going to bring any fruitful results, you should stop talking to them and seek Denbigh Franks's advice.
Some landowners in Rochester, Capstone, or Gillingham don't have any problems with the small groups when they have established good relations with them in the beginning.
Some Chatham landowners are happy with the contribution made by the travellers and gypsies to improve community life even though it only for a short while.
However, long-term stay will require the landowner in Kent to get planning permission.
Most likely, your solicitor will advise you to seek possession in civil courts in Chatham under Part 55 of the Rules of Civil Procedure.
Here is how to go about the reclaiming of your property:
Asking trespassers to leave in Chatham
Issuance and serving a Kent court summons
Asking for court order possession in Chatham
Serving the possession order in Kent
Denbigh Franks County court bailiff's execution on warrant for possession
In most cases, travellers and gypsies will most likely leave when served with an order in Chatham.
In some cases, you can hire private bailiffs from Denbigh Franks to remove unauthorized occupants in Chatham without a possession order.
Bear in mind, when the process of taking out a Civil Procedure Rule 1998 for the eviction of the travellers in Chatham, there must be at least a minimum of two days between serving the documents and the hearing in the court in Kent.
Lawyers in Chatham charge different amounts so you should check the fee first.
You will also bear the cost of clearing the rubbish in Rochester, Gillingham, or Capstone, but if you like, Denbigh Franks will give you a quote for the work.
If a site is reported in Chatham, the police will visit them, however, trespass is not a criminal but a civil offence.
It is not the responsibility of the police to vacate the space, it is the landowners in Kent.
The local police in Kent acts proportionately under the Department for Communities and Home Office guidelines after monitoring incidents in Chatham on the unauthorised camp grounds.
For instance, the Police may move gypsies/travellers on land in Capstone, Rochester, or Gillingham when a criminal activity against them was established.
Under the Criminal Justice and Public Order Act 1994, the police have the option to ask travellers in Chatham to vacate your land if they flout the provisions of that Act.
In some scenarios, the Kent police might use powers stated in section 61 of the 1994 Criminal Justice and Public Order Act, an example can be the visitors in Chatham possessing vehicles greater than six.
But they can only use search powers in serious criminality or public disorders scenarios in Chatham which cannot be dealt with normal criminal legislation and where the land occupation by trespassing is a relevant factor.
The Kent policy operate under the Human Rights Act and may be constrained to avoid applying the 1994 Criminal Justice and Public Order Act's Section 61 in situations where it would initially include, by civil courts, welfare considerations from being applied in Capstone, Gillingham, or Rochester.
What about if the property holder in Chatham doesn't act to remove gypsies or travellers, what will the Kent council do?
Necessary actions will be taken by the council in Kent to expel unwarranted occupiers against the owner of the land in Chatham if he/she violates any license or planning requisites.
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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.