Removing caravans and animals from land
by David Carter on 09 March 2011
A writ of possession for land against persons unknown gives the High Court Enforcement Officer (HCEO) the authority to remove the persons from the land to give vacant possession back to the owner.
However, this power does not extend to any animals or caravans that may be left on the land, should the occupants have not removed them. This is a scenario we are often presented with, especially when dealing with travellers.
Whilst it is the land owner’s responsibility to arrange the removal of animals and caravans, The Sheriffs Office, and most other HCEOs, will support and advise the land owner on his options where possible.
Combined writ of possession and fieri facias
As the writ of possession in a case such as this is against “persons unknown”, it is not possible to combine it with a writ of fieri facias (fi fa), which you would do if you were also claiming for money owed, because the defendant must be identified by name.
If the persons were named and money is owed, then the land owner can apply for a combined wit of possession and fi fa. However, in our experience, the animals in these circumstances are often in poor condition and of little worth especially when the costs of removal, care and auction are taken into consideration. There may also be third party claims to ownership which could then proceed to expensive interpleader proceedings (RSC Order 17).
Seizure of the caravan has its own complications as this could be classed as a dwelling and can often be difficult and expensive to prove otherwise.
Animal options
One option is for the HCEO to tell travellers leaving their animals and caravans on site that the land owner has the right to dispose of anything left on the property and this may include the destruction of the caravan and animals, with a suggestion that they remove them as they leave.
There are many animal sanctuaries that may be interested in taking the animals in but these would need to be contacted by the land owner. At The Sheriffs Office, we are usually able to provide the contact details for such sanctuaries
The RSPCA may show an interest if the animals are in very poor condition and remove them to care for them accordingly. In our experience they will only become involved if the animals are in a very poor state, but still often refuse to remove them.
In this case, the land owner’s best remaining option may be to ask the Court for a disposal order to have the animals destroyed under S35 of the Animal Welfare Act 2006.
A word of warning
A reoccurring problem we also find is that the travellers may leave the site without their caravans and animals and then return to get them, sometimes the same day, forcing entry back onto the land. Therefore, it is imperative that the land owner secures the land properly to ensure that it isn’t reoccupied.
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Disclaimer: The statements and opinions expressed in this article are those of the author and do not necessarily reflect those of Sheriffs High Court Enforcement Ltd, trading as The Sheriffs Office. Sheriffs High Court Enforcement Ltd does not take any responsibility for the views of the author. The author will not be held responsible for any comments posted by visitors to this site. Please note that this article does not constitute legal advice. The author has used his best endeavours to make this article as accurate and complete as possible, but requests that the reader be aware that the law of England and Wales frequently changes. The author strongly advises the reader to take legal advice before embarking on any enforcement action.
