Trespassing Matters
If you have trespassers on your property, we recognise that you must act promptly to evict them.
There are different ways to remove trespassers depending upon the situation. If a trespasser is on residential property, an Order for Possession must be obtained. However, if the trespasser is occupying a commercial property, it is possible to apply to Court for an Interim Possession Order which is a faster process.
How can we help
- Send an initial letter to the trespasser asking them to vacate
- Prepare and issue an application at Court and deal with the litigation to the Court hearing to obtain an Order for Possession
- Instruct and liaise with the bailiff to enforce the Order for Possession
Why Work With Our Property Litigation Team
- Our property litigation lawyers have been ranked as a top-tier law firm by the Legal 500 for the last seven years.
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Trespass Matters Case Studies
Property purchase through auction that had been repossessed by the lender
Client Intro:
Our client purchased a property through auction that had been repossessed by the lender. Our client did not carry out any due diligence, and so when the transaction completed, the client was left with the previous occupants still in the property.
Case Overview:
We advised our client about the steps involved in obtaining possession of the property, which involved sending an initial letter setting out that the occupants had no legal right to remain. Due to our client’s plans for the property, we successfully negotiated with the tenant a date to vacate the property.
Owner of a piece of land
Client Intro:
Our client was the owner of a piece of land which was used for recreational purposes. On the land was a house, which was used by the employee to enable them to carry out their duties. The employee was made redundant and therefore was required to give up vacant possession of the residential property.
Case Overview:
We advised our client on the employee’s position following his redundancy. The employee failed to vacate the property and therefore we advised our client about how to initiate a claim for possession against a trespasser. Ultimately, the court ordered possession of the property and that the employee make a payment in respect of our client’s costs.
Power of attorney
Client Intro:
Our client held power of attorney over her mother’s affairs as her mother suffered from dementia. The client’s brother was living at the property. Due to the mother’s deteriorating health, the client decided that her mother needed to be cared for in a care home. As the care home costs were substantial, her mother’s home needed to be sold. However, the brother would not vacate the property.
Case Overview:
We advised our client about how to ensure that she could obtain possession of the property. An initial letter was sent to the brother terminating any rights he may have, and he was advised to vacate the property immediately. The brother failed to vacate, so we advised our client about the next steps in applying to the court for an Order for possession against a trespasser. In this matter, the trespasser vacated the property after the claim was issued. We, therefore, advised the tenant whether to proceed to a hearing to obtain an order or to discontinue the proceedings and the implications of doing this.
Our client was the executor of their late mother’s will
Client Intro:
Our client was the executor of her late mother’s will. The terms of the Will set out that our client and her brother would inherit half each of the sale proceeds following the sale of her mother’s property. Our client, however, discovered that her brother was living in the property with other unknown individuals.
Case Summary:
We advised her client to terminate any interest her brother or the other individuals may have claimed they had and to vacate with immediate effect. The individuals failed to vacate, so we advised our client on the next steps and to issue proceedings against the trespassers. The client obtained an Order for possession. However, the individuals failed to vacate. We advised our client to enforce the Order and prepared the applications to enable the High Court to Order the enforcement. The Order was enforced, and our client could obtain vacant possession of the property. The property was sold on the open market, and the siblings split the proceeds.
Testimonials
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