Trespassing is not just a pain, it is illegal. However, understanding the difference and how you manage a trespasser is critical to protecting your land and property, whilst deterring trespassers in the future. Gallowglass Security offer a variety of solutions when dealing with trespassers, but before we dive into those, we want to answer some of the top questions we receive about trespassing.
What makes a trespasser?
Trespass is the unlawful occupation or interference with land or property belonging to someone else. It is illegal and you, the landowner, has the right to remove a trespasser. However, it is worth being careful, as trespassers also have rights and they aren’t just a nuisance.
What are their rights?
Under common law, a land owner has a right to remove people who tresspass, which is often referred to as a self-help remedy. This consists of the use of reasonable force to remove trespassers. There is little judicial guidance on what is reasonable force and each case is judged on its own facts. When dealing with a trespasser and wanting to stay on the right side of the law, consult an expert.
Can I threaten them?
Gallowglass Security are firm believers of amicable solutions. Politely ask the trespassers to leave as soon as you become aware of them. Should this not result in a solution, contact Gallowglass Security as we can remove trespassers without having to go through the court’s process. If the police attend, try to be there at the same time so you have a good idea of what is happening. You can forcibly remove trespassers, but only ‘reasonable force’ is permitted by law.
Can I remove them?
Here at Gallowglass Security, we understand the constant problem of trespassers on commercial land and property. The process of a High Court Writ can often be a lengthy drawn-out process- and the nature of the lifestyle of the trespasser leaves room for their constant return after eviction. Therefore, we will exercise rights of self-help to remove these trespassers from your land and will instruct bailiffs from Gallowglass Security to do so on its behalf. This right, under common law, is set out in Halsbury’s laws of England, Para 1400, volume 45 of Fourth edition.
The turnover time from the serving of such a notice to eviction of trespassers is usually less than 36 hours. So should you suffer the blight of returning illegal trespassers onto your land, we have a process in place to remove them almost as quickly as they arrive.
How do I stop trespassers?
Mark your land so people can clearly ascertain when they have strayed from public land. Highlighting these boundaries with a secure gate or fence is effective. Having neighbours who can keep an eye on your property when away can also act to deter trespassers. Gallowglass Security offer security services that patrol vacant properties ensuring trespassers do not enter. Please see the security section of our website for further information on this service.