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The rights of residents who stay on proprietary Traveller/ Gypsy site in Belvedere, Bexley, or Erith, are determined by the type of site, and if it the site in Scunthorpe is protected with planning permit and site license.
Those who are living within a protected location in Scunthorpe are entitled to more rights in comparison to those living within an unprotected site, which includes having protection from being evicted in Lincolnshire.
You have limited rights if you are staying on a site in Scunthorpe without a site license and planning permission, an unprotected site in Lincolnshire, thus, the owner may evict you with ease.
Nevertheless, you have rights as a common law tenant who is being evicted in Erith, Belvedere, or Bexley such as the right to receive notice at least 4 weeks before although this is rarely implemented in Scunthorpe.
If you go to private property and park there illegally in Scunthorpe, the owner or those that live there as tenants also called legal occupiers can follow the provision of the law and evict you.
In some instances, the Lincolnshire landowner might not know that you have camped on their land until there are complaints from the local community.
You should always have a discussion regarding occupying the Scunthorpe landowner's land with them and if your escapade does not bother anyone and that land in Belvedere, Bexley, or Erith is not being used, you will probably be allowed by the landowner to camp for some time.
If the land owner or occupier in Scunthorpe decides to evict you, they may:
Request for ownership interdict or order from court in Lincolnshire to send you out from Scunthorpe
Request the council in Scunthorpe to remove you
Ask the police in Scunthorpe to remove you
Moving you on themselves in Lincolnshire
In the event that you camp on unauthorised space without the owner's permission in Erith, Belvedere, or Bexley, the authorised occupant or property owner may request for an order in Scunthorpe from court to get you out of their land.
If granted, this would lead to you getting served with the Summary Cause Summons that informs you when the Scunthorpe hearing for the case would come up in court.
Upon receiving the summons, get the advice either from a solicitor or Denbigh Franks.
On the other hand, the local Citizen's Advice could help you get a solicitor in Scunthorpe.
The moment the case is taken to court, it will be hard to find any defence considering that you are illegally occupying personal property in Scunthorpe, but, your lawyer may help you to postpone your eviction in Lincolnshire for certain reasons like being unable to get out due to sickness or pregnancy.
If the sheriff has given the eviction order in Scunthorpe, you have no other choice than moving on.
An interdict is a court order from the civil courts in Bexley, Belvedere, or Erith ordering you to keep off from a person or a place and it can also tell you not to engage in an activity in Lincolnshire.
You will get sent some court papers, if a landowner in Scunthorpe asks for an interdict order, which explain what you will be required to do.
For instance, you'd receive an interdict from the court ordering you to stay away from the owner's land in Scunthorpe.
Upon receiving these papers, look for a solicitor or a law firm immediately in Lincolnshire.
Your local Citizens Advice should be in a position to hook you up with a Scunthorpe solicitor to assist.
Your solicitor will defend your action in the court.
Before the issuance of interdict, the court in Erith, Bexley, or Belvedere takes your condition under consideration.
For example, a sheriff may not grant a veto if it is causing you or your Scunthorpe family great trouble.
However, if the interdict is approved and you violate the terms, for instance if you choose to remain on the land in Scunthorpe; if the interdict gives empowers the police in Lincolnshire to arrest you, you may be arrested.
You can also be fined or even sentenced to prison if the landowner in Scunthorpe proves that you have breached terms of an interdict.
The Lincolnshire council has the legal right to move anyone living on the property owned by someone else if the Scunthorpe landowner does not have planning permission for the land, or if there are any public health issues occurring.
Involving police is considered the last choice in Erith, Belvedere, or Bexley.
Getting evicted by the landowner in Scunthorpe without a court order is legal.
However, you can report the landowner to the police in Scunthorpe if they injure you in any way, or if they cause any damage to your vehicles or property and they may face charges.
However, to strengthen your case you must get as much evidence as you can and it is an important element in such situations such as taking photographs or making a video of the incident in Lincolnshire by your mobile etc.
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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.