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If you are staying on a privately-owned Traveller/Gypsy site in Boston, Lincoln, or Grantham, your rights on the property can be determined by many factors, such as the kind of site it is in Lincolnshire, as well as the provision of security, the relevant licenses and planning permission.
People living on a protected site in Lincolnshire have more rights than residents living on a non-protected site, including more protection from eviction in Lincolnshire.
If you are living on an unprotected site in Lincolnshire that means the site does not have planning permission and a site license and that also means your right is limited in Lincolnshire, and the site owner can evict you quickly.
However, common law tenants in Lincoln, Boston, or Grantham can be applied for someone being removed; for example, getting a notice no less than 4 weeks in advance notwithstanding that it is not executed often in Lincolnshire.
If you go to private property and park there illegally in Lincolnshire, the owner or those that live there as tenants also called legal occupiers can follow the provision of the law and evict you.
It's worth noting that the landowner may not even known of your presence until they get complaints regarding your camp site in Lincolnshire.
It may be worth talking to the landowner in Lincolnshire about your situation and they may want you to stay in if they don't need the land for anything else and your camp in Lincoln, Grantham, or Boston is not causing any problems.
The Lincolnshire landowner can take the following steps if they want you to empty the place:
Apply for a possession order to the Lincolnshire court that is needed to evict you from the land in Lincolnshire
Ask the Lincolnshire council to take action
Speak to the police in Lincolnshire and request for eviction
Move you on from Lincolnshire themselves
If you are located on private land without permission in Grantham, Lincoln, or Boston, owners or residents reserve all the right to remove you from the private land by applying for an eviction in Lincolnshire to the sheriff court.
In this situation, you will receive a notice from the court known as a Summary Cause Summons which would include the date of your court hearing in Lincolnshire.
If you receive a summons, get immediate advice from a lawyer or Denbigh Franks.
You may get the necessary connection with a solicitor in Lincolnshire from your local chapter of Citizens Advice.
A solicitor can help you delay the eviction on humanitarian grounds in Lincolnshire, because you are trespassing on someone's land in Lincolnshire which will result in any defence opportunity being revoked, for example, you can state inability to move due to an unwell person.
You will be forced to leave in case the sheriff serves an eviction order in Lincolnshire.
An interdict is a Boston, Grantham, or Lincoln civil court order that stops you from doing something or stay away from something or someone in Lincolnshire.
If an interdict is applied for by the land's owner in Lincolnshire, the required steps to be followed will be given to you in writing from court.
For example, it is possible that you get an interdict telling you not to enter land that is private in Lincolnshire or telling you to empty an area.
If these court papers are sent to you in Lincolnshire, contact a law centre or solicitor immediately.
Your local Citizens Advice may call a solicitor in Lincolnshire for help.
Your solicitor will be able to act as your defence in court.
Before the court in Grantham, Lincoln, or Boston grants an interdict, it will first investigate your situation.
For instance, the sheriff will most like not to give an interdict in Lincolnshire if the order will cause serious hardship to your household.
But, if the interdict is permitted, and you do not align yourself to the terms given, such as leaving the Lincolnshire land, then the Lincolnshire police may have the legal power to arrest you.
If it is proved by the Lincolnshire landowner that you have violated the terms of the interdict you may face a fine penalty or even send to Jail.
The Lincolnshire council can easily remove you from a portion of land if the owner of the land in Lincolnshire does not have planning permission to stay in a place on land that belongs to them or if there is a possibility to pose dangers to health of the public.
If nothing else works, the police may have to be involved in Lincoln, Boston, or Grantham.
It is not against the law for a Lincolnshire property owner to evict you without getting an order of the court.
The only difference is that you may report the landowner to the Lincolnshire Police in the event that you (and your household) suffered damage or got injured in the course of getting evicted by the landowner.
If this route is taken, then it is advisable to gather up as much proof as you can to help your case, for instance, take photos or film the incident in Lincolnshire.
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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.