Does the council have the authority to remove travellers or gypsies when they have settled on a land in Lincolnshire without permission from the landowner?
No is the answer!
The council can only evict Gypsies or Travellers if they encamped on council-owned land in Lincoln, Grantham, or Boston, but if the campsite is on private land in Lincolnshire, it's the landowner's responsibility to evict them.
As a landowner whose land has been encamped by gypsies or travellers, the first thing you need to do is to engage them in a discussion and make it known that the land belongs to you.
Ask them for a reason as to why they are there in the first place, and how long they wish to stay in Lincolnshire's Lincolnshire.
Decide if their actions are causing a disturbance in Lincolnshire.
If your evaluation of the situation shows that they are stopping the free flow of traffic on the Highway in Lincolnshire, contact the Lincolnshire County Council.
One other thing that you need to do is to report to the authorities and look for the legal advice about all the light legal cost.
These Gypsy and Traveller families long to relate with other members of the community in Lincolnshire.
Keep in mind, though, that they may be open-minded at first, but face a lot of racism and intolerance.
If that happens, you may want to leave out the option of making trouble and seek Denbigh Franks's counsel.
When there no issues and they have agreed, most landowners in Grantham, Boston, or Lincoln are usually willing to let small groups stay.
Some Lincolnshire landowners appreciate the travellers' contributions to their community and commerce, although this may be temporary.
Long-term occupation will demand planning permission from the city Council in Lincolnshire.
The part 55 of the Civil Procedure Rules gives you the right to seek possession in the civil courts in Lincolnshire.
This will include the following:
Asking the gypsies to leave your land in Lincolnshire
Issuing and giving the court summons in Lincolnshire
Asking for court order possession in Lincolnshire
Serving the order of possession in Lincolnshire, if need be
Implementing a warrant for possession with help from court bailiffs at Denbigh Franks
Some gypsies/travellers may vacate your property when served with an order in Lincolnshire.
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 Lincolnshire travellers out without an ownership order.
Please note that when proceedings are initiated in the Lincolnshire county court pursuant to the Civil Procedure Rules 1998 to obtain a court order for eviction in Lincolnshire, there must be at least two clear days between serving documents and hearing the court.
You'd have to discuss the costs with your Lincolnshire solicitor as they are going to charge a specific fee for their services.
Carrying out rubbish disposal in Lincoln, Boston, or Grantham would be down to you; however, Denbigh Franks can provide you with a quote for the job.
The police are mandated to visit any site in Lincolnshire that is reported to them, however, trespassing is not a criminal offence but rather a civil offence.
Preventing trespassing and the eviction of trespassers are the jobs of the property owner in Lincolnshire, not the police.
Every illegal encampment in Lincolnshire will be thoroughly examined by the Lincolnshire county police department, according to the guidelines of Department for Communities and Local Government and Home Office.
Gypsies and travellers in Grantham, Boston, or Lincoln 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.
Similarly, if the travellers go against the Criminal Justice and Public Order Act 1994, the police will use its power to remove them from the land in Lincolnshire.
In some conditions in Lincolnshire (For example, where the Gypsies/Travellers have vehicles (six or more)), Lincolnshire police under the Section 61 of the 1994 Criminal Justice and Public Order Act, can use powers.
These legal rights can only be put into practice one public disorder or behaviour in Lincolnshire cannot be handled by normal criminal proceedings and will eliminate the trespassing factor as an issue.
The Human Rights Act bound the Lincolnshire police, but in circumstances where it would prevent welfare considerations from being applied by the civil courts in Lincoln, Grantham, or Boston, they may be constrained to avoid using Section 61 of the Criminal Justice and Public Order Act 1994.
What if the Lincolnshire landowner does not take the appropriate action to evict the unwanted occupiers, what action will the Lincolnshire council take?
In case the landowner in Lincolnshire breaches any license or planning requirements, the Lincolnshire council will take appropriate actions against the landowner to evict unauthorized camping.
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