High Court Writ of Possession
This process does require going to court to get an order for possession in the first instance which does take a little longer, but a good solicitor who specialises in this area of law should be able to progress the case fairly rapidly through the system. This often the method preferred by local and central government authorities when evicting trespassers from public land. It is also another option for private landowners.
Once the possession order is awarded, working under the direction of a High Court Enforcement Officer authorised by the Lord Chancellors Office, Traveller Evictions UK can obtain and execute the writ of possession. Our authorised officer is Morgan Sheldon.
When proceeding against trespassers or “Persons Unknown” we regularly receive the writ from the court within a few days of application.
The advantages to acting under a writ of possession are;
The writ is an outright legal remedy – it gives the power to evict and gain vacant possession to land or property, and gives the instructing client greater protection against subsequent claims.
The police are obliged under the Courts Act to assist agents in ensuring that the writ is executed. They cannot stop the enforcement.
Any person obstructing the writ commits a criminal offence.
Should the trespassers return after eviction under a writ of possession, they can be removed under a writ of restitution without having to go back to court.
Although a longer process, once a Writ is issued, it can be enforced immediately. By pursuing this route, enforcement is carried out by High Court Enforcement Officers with assistance from the Police.
This method of eviction is often used to evict trespassers in scenarios where they are unlikely to comply with an eviction notice and/or that violence and physical resistance to the eviction is a possibility.
To discuss your eviction options including the court process contact the team