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Does the council in Nottingham have the power to move Gypsies or Travellers when they encamped without the landowner's permission?
No.
If Travellers or Gypsies are on private land in Nottinghamshire, it's the owner's responsibility to evict them, but if they are camping on public land that belongs to the council in Grantham, Newark-on-Trent, or Kimberley, then the council can remove them.
First, let them know that this is your 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 Nottingham, Nottinghamshire.
Confirm, if they are a nuisance to your neighbours in Nottingham.
You should contact the Nottinghamshire County Council if the encampment has spread to the highway in Nottingham.
You should inform your solicitor as well and ask about the legal cost you may incur if you wish to evict the travellers.
In many cases, there are those Travellers and Gypsies who are willing to talk to members of another community in Nottinghamshire.
However, they constantly face racism and intolerance from people, so, they are always cautious and defensive.
If that happens, you may want to leave out the option of making trouble and seek Denbigh Franks's counsel.
A few land owners in Grantham, Kimberley, or Newark-on-Trent have no problems allowing small family groups once a good rapport has been initiated initially and there are no serious issues.
Some Nottingham 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 Nottinghamshire.
You can consult your solicitor in Nottingham who may direct you to start the possession steps from the civil courts under Part 55 of the Civil Procedure Rules.
This will involve:
Asking trespassers to vacate in Nottingham (landowner's duty)
Making and serving a Nottinghamshire court summons
Asking the court in Nottingham to issue a possession order
Serving the possession order in Nottinghamshire
Enforcing a warrant of possession with the bailiffs of the county court from Denbigh Franks
Generally, once an order is served in Nottingham, gypsies and travellers vacate the place.
However, in some cases to evict the travellers in Nottingham, you can use the help of the private bailiffs from Denbigh Franks.
Kindly note that when proceedings are done in the Nottinghamshire county court under the Civil Procedure rules 1988 to obtain an eviction court order for Nottingham, there must be a minimum of 48 clear hours between provision of documents and the court hearing.
The fee for these services will depend upon your solicitor in Nottingham.
You will also dispose of the rubbish in Kimberley, Grantham, or Newark-on-Trent on your property, but Denbigh Franks are able to quote you for this.
If a site is reported in Nottingham, the police will visit them, however, trespass is not a criminal but a civil offence.
The landowner in Nottinghamshire is responsible for removing the trespassers and not the police.
Nevertheless, the Nottinghamshire Police can get involved in some occasions for example when they monitor incidents in Nottingham on the unauthorised area and act under the guidelines of the Department for Communities and Local Government and Home Office.
If the Travelers or Gypsies in Newark-on-Trent, Kimberley, or Grantham have committed a crime, the police have powers to force them out of the land, however, there must be proof to confirm the criminal activities.
Under the Criminal Justice and Public Order Act 1994, the police have the option to ask travellers in Nottingham to vacate your land if they flout the provisions of that Act.
Under exceptional circumstances in Nottingham, for instance, when the travellers or gypsies have more than 5 vehicles, Section 61 of the 1994 Criminal Justice and Public Order Act allows police officers in Nottinghamshire to act accordingly.
These powers will only be used in situations of serious crime or public disorder in Nottingham that cannot be addressed by normal criminal law and where land trespass is a relevant factor.
However, use of Section 61 of the Criminal Justice and Public Order Act 1994 bounds the Nottinghamshire police from exercising these powers under the Human Rights Act in situations where interference with welfare considerations in Newark-on-Trent, Kimberley, or Grantham will prevent the civil courts from applying them.
What can the Nottinghamshire council do if the landowner in Nottingham doesn't act?
In case the property owner in Nottingham breaches any planning or license requirements, then proceedings can be taken against them that require removal of the unwanted encampment in Nottinghamshire.
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