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Are the local authorities in Exeter obligated to remove Travellers or Gypsies who are camping unauthorized on a landowner's property?
The short answer is no.
In case travellers or gypsies have camped on land owned by the council in Exeter, Luton, or Crawley, the council has the mandate to remove them, however, the council cannot evict them if they have camped on private land in Devon, and it is the responsibility of the landowner to evict them.
At first, you should talk to the unwelcomed visitors and let them know that you are the owner of the land.
You can ask them the reason for coming to your land, and don't forget to ask them about how long they will stay in Exeter, Devon.
Assess any disturbances they may cause during their stay in Exeter.
If the group has overflowed onto a highway in Exeter then you should contact the County Council of Devon.
You should also brief your Solicitor of the position and find out about the likely legal charge.
Most Traveller and Gypsy communities like the idea of speaking to other members of the society in Devon.
However, they might shy off from speaking to someone new due to racism and intolerance they come across.
If you feel that discussions are not progressing, leave the discussion for the moment and seek Denbigh Franks's advice.
Some landowners in Crawley, Luton, or Exeter are only too glad to allow small groups to camp on their land provided they wouldn't make trouble.
Others in Exeter have welcomed the community and trade life that comes with the travelling culture.
But if they plan to stay for a long time, you must get a planning license from the City Council in Devon.
Your solicitor will advise that the possession should be taken to the civil courts in Exeter under Part 55 of the Civil Procedure Rules.
This will include the following:
Discussing the vacation of the unauthorised occupants in Exeter
Providing these gypsies in Devon with the court orders
Seeking a Exeter possession order in court
Serve the possession order you obtained in Devon
Executing an order for ownership with support from bailiffs from Denbigh Franks
Typically, travellers and gypsies leave their site of encampment in Exeter on their own as soon as an order is served.
In certain cases, in the event that they do not wish to get out, you may opt for the private bailiffs from Denbigh Franks so as to help you get the unauthorised Exeter travellers out without an ownership order.
Remember there have to be at least two days between the provision of documents and the county court hearing for eviction proceedings in Exeter and the Devon county court hearing will be done under the Civil Procedure laws of 1998 part 55.
Your lawyer in Exeter will charge their own prices, so first check the costs.
You will also dispose of the rubbish in Crawley, Luton, or Exeter on your property, but Denbigh Franks are able to quote you for this.
The Police will only attend distress calls to unauthorised sites in Exeter but cannot act because it is a civil offence, not criminal.
The Devon landowner is responsible for preventing trespass and removing unauthorized occupiers as police are not involved.
The Devon Police can step in sometimes, for example when they take note of incidents at the area in Exeter that is unauthorised and act under the guidelines of the Department for Communities and Local Government and Home Office.
Once a criminal activity has been proven to have been carried out by gypsies or travellers in Luton, Crawley, or Exeter, it is within the jurisdiction of the police to remove them from such property.
If the group behaviour of the Travellers in Exeter is going against the Criminal Justice and Public Order Act 1994 then the police can use its power to evict the travellers from the land.
In some cases, such as where 6 or more vehicles are accompanied by travellers in Exeter, Powers under section 61 of the Criminal Justice and Public Order Act 1994 can be used by the Devon officers.
These powers will only be applied in situations of public disorder or severe criminality in Exeter, which normal criminal legislation cannot address and trespassing is considered.
However, Devon police officers are also constricted to the Human Rights Act and may not be able to use the Section 61 of the Criminal Justice And Public Order Act 1994 in situations that would damage any welfare of residents in Crawley, Exeter, or Luton.
If the Exeter landowner refuses to take the necessary action to evict the Gypsies or Travellers, what will the Devon council do?
In case the landowner in Exeter breaches any license or planning requirements, the Devon council will take appropriate actions against the landowner to evict unauthorized camping.
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