Skip to main content
Contact us

Lets work
with each other.

Tell us about your needs

Tag: #HighCourtWrit

Trespassers are illegal, not just a pain

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.

Enforcement – The Gallowglass Approach

The frustration that has been continually expressed to us repeatedly over the years by property and landowners and their agents, is the seemingly labyrinthine and highly costly process of recovering land and property and restoring them to their lawful owners.

Recovering land and property does involve many parties, namely Enforcement Agents, Solicitors, the Courts, Security, Locksmiths and even the Police; aligning their availability and efforts to secure an expeditious and successful outcome. If one party in this process not ready to proceed, delay and unnecessary cost can arise.

Gallowglass has acquired extensive experience and inestimable skill in supporting Enforcement Agents in the physical recovery of property and land together with post recovery manned guarding, and in many instances, these have been very large scale and have attracted intense media interest.

Given the delay and uncertain cost generated by the traditional model of recovery, Gallowglass has studiously evolved a fresh vehicle of service delivery designed to expedite the process in a transparent and cost effective way.

We have secured the appropriate authority that allows us to internally transfer a County Court Possession order to a High Court Writ thereby avoiding the delay commonly associated with County Court Enforcement, a problem that has been exacerbated by the Covid19 pandemic.

Currently Gallowglass has six fully SIA licensed guards fully trained as Enforcement Agents and a large pool of highly able and experienced SIA licensed guards to support them in the recovery and post recovery phases of the enforcement process. All this together with an able and trusted network of Enforcement Agents throughout the UK.

We have also teamed up with lawyers and other ancillary partners and negotiated with them transparent fixed fee arrangements so that we can provide precise cost projections at the outset. All cost savings generated are passed on to our clients and we don’t charge an uplift on any of their services.

We are geared to rapid reaction and operate 24/7. This means that whenever and wherever in England and Wales a High Court Writ of Possession is handed down we will enforce it immediately.

If you require our assistance or would like to talk to us on a no obligation basis, then please don’t hesitate to contact either Morgan Sheldon, George Oliver or Vlad Stefanov on 020 7326 7840 or email at enforcement@galsec.co.uk