A senior Scottish lawyer has urged landowners to seek court action immediately and not resort to taking matters into their own hands following a recent spate of high profile instances of travellers illegally occupying farmland, private and Council owned land across Scotland.
Stuart Clubb, a Senior Associate and Solicitor Advocate with leading international law firm HBJ Gateley Wareing, has raised the issue following the decision by Lothian Buses to close the travel shop at Sheriffhall park and ride in Midlothian after complaints from staff that gypsy travellers had overrun the toilets at the facility. This came just days after the bus company diverted services away from the Straiton facility because 45 caravans had moved into the car park.
Stuart said:
"The issue of travelling people occupying land which does not belong to them is a problem which landowners across Scotland contend with every year. The situation is undoubtedly frustrating for the landowner but there are high risks involved in trying to resolve the issue without applying to the courts.
"Recently, the City of Edinburgh Council sought a court order to remove travellers illegally occupying land whilst attending the Christian Festival of Spirituality and Peace, one of the biggest traveller festivals in Europe. Many landowners, however, may not fully know their rights and the rights of the travellers.
"Some hope the travellers will leave voluntarily but this is risky due to the potential for damage to the property and the intimidation faced by people accessing property occupied by the travellers.
"By applying to the court and obtaining the necessary orders, travellers can be removed within days. This process gives them the opportunity to leave voluntarily and in most cases, they leave once proceedings have begun as they realise the ’game is up’.
"If they don’t leave voluntarily, landowners can obtain a formal removal order from the court at the same time as obtaining an interdict, prohibiting the travellers from returning to the property. Once this order has been granted, messengers at arms can remove the travellers.
"Although this will incur an expense, it is the only sure-fire way for land to be protected and to avoid potentially higher costs in repairing what could be significant damage caused to the property .
"It is important that landowners find out their rights, and those of the people occupying the land, and organise court proceedings as quickly as possible so as to protect themselves and their property."
