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How To Relocate Travellers In City of Edinburgh's Edinburgh

Are the local authorities in Edinburgh obligated to remove Travellers or Gypsies who are camping unauthorized on a landowner's property?

No is the answer!

The council only has an obligation to remove them if they are camped on council owned grounds in Blyth, Livingston, or Edinburgh, however, if the encampment is on a private area in City of Edinburgh, then it is the responsibility of the landowner to have them removed.

What To Do If Gypsies Or Travellers Come To Your Land In Edinburgh?

First and foremost, you will need to discuss with the visitors you want to evict and let them know that the property is yours.

You may request to know why they decided to settle there in City of Edinburgh's Edinburgh and the time they wish to vacate.

Evaluate whether they cause a disturbance in Edinburgh.

You can get in touch with the City of Edinburgh County Council in case the visitors have camped on a right of way or highway in Edinburgh.

Before making any move, let your lawyer know details of your situation and inquire about the potential incurred charges.

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What Do I Do If The Travellers Or Gypsies In Edinburgh Don't Respond To Me?

Often, Gypsies and Travellers are open-minded to the idea of having a chance to speak to other members of the area in City of Edinburgh.

There are instances when they will refuse to openly take to members of a different community due to being faced with racism and prejudice.

If you are not making headway with the discussion, let them be for the moment and seek professional advice on the issue from Denbigh Franks.

Is It Ok To Let Them Stay If There Are Not Any Problems In Edinburgh, City of Edinburgh?

In some cases when their landowners in Livingston, Edinburgh, or Blyth have built good relationships with the gypsies and the travellers, it is fine with them if the gypsies stay.

Some Edinburgh landowners appreciate the travellers' contributions to their community and commerce, although this may be temporary.

However, if it is a long term commitment in City of Edinburgh, the permissions are required.

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What Do You Have To Do To Reclaim The Possession Of The Land In Edinburgh In City of Edinburgh That You Own?

Your solicitor will advise that the possession should be taken to the civil courts in Edinburgh under Part 55 of the Civil Procedure Rules.

Here is how to go about the reclaiming of your property:

Asking trespassers to vacate in Edinburgh (landowner's duty)

Issuance and service of court summons in City of Edinburgh

Requesting for an ownership notice from court in Edinburgh

Asking the court to issue the possession order in City of Edinburgh when necessary

With county court bailiffs from Denbigh Franks, executing a possession warrant

Often, when the order is permitted, the Edinburgh travellers will leave the area themselves.

In some cases, you can instruct Denbigh Franks's bailiffs to remove unauthorised Travellers in Edinburgh without a possession order.

Please note that when proceedings are initiated in the City of Edinburgh county court pursuant to the Civil Procedure Rules 1998 to obtain a court order for eviction in Edinburgh, there must be at least two clear days between serving documents and hearing the court.

What Is The Cost Of This Suit For Me?

Legal fees vary depending on the legal practitioner, so contact your Edinburgh solicitor to know their fees.

You will bear expense for disposal of rubbish in Edinburgh, Blyth, or Livingston but if you want you can get an estimate for rubbish disposal from Denbigh Franks.

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What Do The Police Do In Edinburgh?

Any sites of trespassing in Edinburgh will be visited by the police; however, it is worth knowing the trespassing is a civil offence, not a criminal one.

The City of Edinburgh property holder is accountable for safeguarding against trespass and evicting unwanted occupants as police do not get involved.

The City of Edinburgh police will examine any incident of illegal camping in Edinburgh thoroughly in line with the rule of law governing the Local Government and Home Office guidelines, to act as the law permits.

Gypsies and travellers in Livingston, Blyth, or Edinburgh are evicted from the land by police where the probability of criminal activity is established, however, the crime must be proven just like the settled people.

It is also at their discretion to evict them from a land in Edinburgh where their behaviour goes against established rules such as the Criminal Justice and Public Order Act 1994.

In some scenarios, the City of Edinburgh police might use powers stated in section 61 of the 1994 Criminal Justice and Public Order Act, an example can be the visitors in Edinburgh possessing vehicles greater than six.

These rights can only be enforced in cases where a serious criminal offence was committed or a public disturbance in Edinburgh that cannot be solved by the regular legislation and where the occupation of the property is a significant factor.

Police in City of Edinburgh are bound by the Human Rights Act and may be forced to avoid using Section 61 of the 1994 Criminal Justice and Public Order Act in circumstances where it would prevent the civil courts from applying welfare considerations in Edinburgh, Livingston, or Blyth.

What can the City of Edinburgh council do if the landowner in Edinburgh doesn't take appropriate eviction action against the gypsies?

If the landlord in Edinburgh has committed a violation of any planning a license requirement then Council will take the proceedings against the landowner that needs the removal of the unauthorised encampment in City of Edinburgh.

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