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Is it the council's responsibility to evict the travellers in Rayleigh if they are camped on unauthorized sites?
Nope.
The council can only evict Travellers or Gypsies on a council-owned piece of land in Wickford, Canvey Island, or Benfleet, but the campsite set up on private land in Essex will be the duty of the landowner to force them out.
Talking to them is the first thing you should do, make it clear that you actually own the land.
You may ask them for the reason behind their stay in Rayleigh, Essex, and how long they plan to stay.
Assess any disturbances they may cause during their stay in Rayleigh.
If the group has overflowed onto a highway in Rayleigh then you should contact the County Council of Essex.
It's good to inform your solicitor of the situation and the legal costs.
In Essex, many communities of Gypsy and Traveller welcome the opportunity to talk with other community members.
Take note that they have been subjected to prejudicial treatments such as racism, so they may resist the initial attempt at any discussion.
In case you feel you are not coming into a consensus, you can end the conversation at that moment and approach Denbigh Franks for advice.
Some landowners in Benfleet, Wickford, or Canvey Island are happy to allow small groups to stay where good relationships are established early and no major problems arise.
Some community members in Rayleigh welcome the contribution of Gypsy and Traveller culture even if just for a short time.
However, if it is a long term commitment in Essex, the permissions are required.
Seek advice from your lawyer who may possibly suggest that ownership can be achieved through a court of law in Rayleigh under section 55 of civil procedure laws.
Which involves:
Asking the gypsies to leave your land in Rayleigh
Serving a court order in Essex
Applying for a possession order in Rayleigh
Serving order of possession in Essex
Execute a warrant for possession using the Denbigh Franks county court bailiffs
Usually, Gypsies and Travelers in Rayleigh will vacate independently once an order is served.
In some cases, you can instruct Denbigh Franks's bailiffs to remove unauthorised Travellers in Rayleigh without a possession order.
You should note that when you want to file a suit in the Essex county court, to get a court order for eviction in Rayleigh, the Civil Procedure Rules 1998 states that you must give a minimum of two full days between when you serve the other party documents and when the court hearing will start.
Your legal advisor or the solicitor in Rayleigh will charge you the fees that they work for.
Carrying out rubbish disposal in Benfleet, Canvey Island, or Wickford would be down to you; however, Denbigh Franks can provide you with a quote for the job.
Trespassing being a civil offence and not a criminal offence, the Rayleigh police can only visit the reported sites.
Removal and prevention of trespassers are the responsibilities of the landowner in Essex and not the police.
The Essex police will carefully assess unauthorised camping incident in Rayleigh, under the Department for Communities and Local Government and Home Office guidelines.
Police have powers to move Gypsies or Travelers off land in Benfleet, Wickford, or Canvey Island, where they can set up criminal activity-just as settled people have to prove crime.
Officers also have authority to push Travelers off land in Rayleigh where community conduct is detrimental to the 1994 Criminal Justice and Public Order Act.
In some conditions in Rayleigh (For example, where the Gypsies/Travellers have vehicles (six or more)), Essex police under the Section 61 of the 1994 Criminal Justice and Public Order Act, can use powers.
These powers will only be applied in situations of public disorder or severe criminality in Rayleigh, which normal criminal legislation cannot address and trespassing is considered.
However, the rules set out in the Human Rights Act must be followed by the Essex police, and in scenarios where rights of humans are transgressed in Benfleet, Canvey Island, or Wickford, they might be stopped from using section 61 of the 1994 Criminal Justice And Public Order Act.
What will council in Essex do if the landowner in Rayleigh couldn't remove the travellers?
The Essex council will file suit in court against the landowner in Rayleigh who refuses to act to remove illegal occupants on their land if they break the law that requires any planning or permission for occupiers to stay on the property.
Based in Rayleigh, working nationwide
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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.