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When you live on a privately run Gypsy / Traveller site in Rayleigh, Canvey Island, or Rochford, your privileges will depend on what sort of site it is and whether it is a secure location in Southend-on-Sea with planning permission and site authorization.
Those who are living within a protected location in Southend-on-Sea are entitled to more rights in comparison to those living within an unprotected site, which includes having protection from being evicted in Essex.
A place that is unprotected in Southend-on-Sea lacks permission planning and a license for the site and you have limited powers in an unprotected area and you can easily get removed by the landowner in Essex.
However, as an ordinary law occupant in Canvey Island, Rayleigh, or Rochford, being removed, you have some rights including the permission to be served with a notice 4 weeks earlier, it is rarely done in Southend-on-Sea.
The land owner or the local authorities have the authority to evict the travellers if they've parked up on private land in Southend-on-Sea without consent.
Keep in mind that the owner may not even realize you're there unless they receive complaints about your Essex site.
It's always worth speaking with the owner of the land in Southend-on-Sea to discuss the situation with them as they might be happy enough for you to remain on the land in Rochford, Canvey Island, or Rayleigh if you are not creating problems and they do not need to use the land.
If you are expelled by the Southend-on-Sea landowner or occupier, they may:
Apply for possession order or interdict in court in Essex to evict you from the Southend-on-Sea location
Request the council in Southend-on-Sea to remove you
Ask the Southend-on-Sea police to act
Do it themselves in Essex
A landowner has the right to ask for an eviction order in Southend-on-Sea from the sheriff court in order to remove anyone illegally camped on their land in Rochford, Canvey Island, or Rayleigh without having asked for permission in the first place.
If granted, this would lead to you getting served with the Summary Cause Summons that informs you when the Southend-on-Sea hearing for the case would come up in court.
If a summons is sent to you, consult a law centre or Denbigh Franks immediately.
On the other hand, the local Citizen's Advice could help you get a solicitor in Southend-on-Sea.
As you are considered as an intruder on someone's land in Southend-on-Sea, so you won't be given any chance of opposing the application, but a solicitor can help you on the humanitarian ground in Essex, for example, if anyone is sick in your house, you may get a delay in eviction.
If an eviction order is given by the sheriff in Southend-on-Sea, you will have to leave right away.
Applying for an interdict means receiving a Canvey Island, Rochford, or Rayleigh civil court order instructing you keep off a certain place or individual or barring from doing something in Essex.
If the Landowner in Southend-on-Sea applies for an interdict order in court, you will be sent documents to clarify what it requires from you.
For instance, you may receive an interdict instructing you to vacate the land in Southend-on-Sea or stopping you from settling on the land at all.
Get in touch with a law centre or a lawyer in Essex as soon as these papers by the court are sent to you and you receive them.
You may be able to get in touch with a Southend-on-Sea solicitor who can be recommended through local Citizens Advice.
You may have chances of defending the case in court with a solicitor.
Before the issuance of interdict, the court in Canvey Island, Rochford, or Rayleigh takes your condition under consideration.
For instance, if this action will contribute more hardship to your household in Southend-on-Sea, an interdict will not be granted.
But, if the interdict is permitted, and you do not align yourself to the terms given, such as leaving the Southend-on-Sea land, then the Essex police may have the legal power to arrest you.
If the owner of the property in Southend-on-Sea can prove that you breached the interdict terms, you may even serve jail term or face a fine.
The Essex council can easily remove you from a portion of land if the owner of the land in Southend-on-Sea 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.
The police will only be called upon as a last resort kind of thing in Rochford, Canvey Island, or Rayleigh.
A Southend-on-Sea landowner can evict the traveller from his land without court order full stop it is not illegal for them to do so.
But if they hurt you in any way or damage your vehicle or property, you can report the matter to the police in Southend-on-Sea and they could face charges if you can prove what they did to you or your estate with exhibits.
Photos or by recording the incident in Essex on video using your mobile phone is recommended to solidify your evidence.
Based in Southend-on-Sea, 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.