Smallholders Insurance from Greenlands

Author Topic: Advice on someone living in a trailer in my garden  (Read 2871 times)

W1lliam

  • Joined Apr 2022
  • Worcester
Advice on someone living in a trailer in my garden
« on: April 14, 2022, 03:05:57 am »
 I have accidentally discovered this web site whilst looking for an answer to the subject of my post. I live in a country house on a small holding of just over an acre, I am often out of the country visiting a family member.
In 2019 an acquaintance moved her animals from her land to my land so as to give the impression someone was always around, this was a verbal agreement of a temporary nature. Then CoViD came & I was out of the country for over a year. Now I have returned to discover that the individual is living in a trailer on my land after disposing of her land due to issues with the local council. I now have issues with the local council. Can anyone on here advise me on the legality of an individual taking up residence in a garden & what can be done to end the agreement.
« Last Edit: April 14, 2022, 04:47:14 am by W1lliam »

Anke

  • Joined Dec 2009
  • St Boswells, Scottish Borders
Re: Advice on someone living in a trailer in my garden
« Reply #1 on: April 14, 2022, 09:27:56 am »
Surely that's called squatting, but I think you may have to go through the court system to evict this person (and her animals). If nothing is written down and signed by both parties, then it will be one person's word against the others.... Not necessarily going to be cheap or quick, unless you take the initiative and move the trailer off your land and dispose of the animals (which are probably horses?)...


But I would take legal advice before you do anything.

Womble

  • Joined Mar 2009
  • Stirlingshire, Central Scotland
Re: Advice on someone living in a trailer in my garden
« Reply #2 on: April 14, 2022, 11:00:48 am »
This looks to be the reverse of the usual situation, in that I suspect you'll welcome news that it's not legal!

When I looked into this a while back, it was allowed for say seasonal workers, but only if the trailer / caravan was 'anciliary' to the house - e.g. they still used the loo and had meals in the main house.

Definitely take legal advice.
"All fungi are edible. Some fungi are only edible once." -Terry Pratchett

chrismahon

  • Joined Dec 2011
  • Gascony, France
Re: Advice on someone living in a trailer in my garden
« Reply #3 on: April 14, 2022, 11:35:07 am »
I think the first stage is to explain to the Council that the animals are on your land with your permission (verbal), but the trailer is not. Second stage is to make sure that none of your mains services are available to them, so water, electricity and sewerage. That will prove that the trailer isn't there with your permission. Then ask the Council what they propose is done about it, as they will have the legal know-how.

landroverroy

  • Joined Oct 2010
Re: Advice on someone living in a trailer in my garden
« Reply #4 on: April 20, 2022, 07:17:16 pm »
It is actually legal to site a caravan in your garden (curtilage.) So long as it is in your garden it can be regarded as an annex to your house and not as a separate dwelling. If you wanted her to stay you could tell the council this, and get them off your back.  It is not legal to site a caravan in a field, outside of your curtilage, where it is classed as a separate dwelling and as such requires planning permission.
While I know that the above is correct, I am not 100% sure that the following is, but am 90% sure.


However I believe that what is on your land without a legal agreement is yours and as such you are free to do what you wish with it.
She is not living in a rented house and so the rules of eviction and giving notice to leave do not apply. (I rent out houses so am well versed in this!) So - as suggested - I would disconnect the services if any, and as a reasonable person give her whatever notice you feel is fair and tell her that after that time you will remove the trailer. Do not be frightened about her threatening to ring the police because they will say it is a civil offence and nothing to do with them. But may turn up anyway, if called, in order to keep the peace.
I had a slightly similar thing where a caravan was parked on my land. I rang the police first and told them it was my land and I was removing it, and I got an incident number. Sure enough the police got a call reporting me.  I referred them to the incident number. They could see I was within my rights and there was no violence involved, and they left. As did the caravan.

Rules are made:
  for the guidance of wise men
  and the obedience of fools.

W1lliam

  • Joined Apr 2022
  • Worcester
Re: Advice on someone living in a trailer in my garden
« Reply #5 on: April 20, 2022, 11:09:19 pm »
Thank you all who have taken the time to reply to my post.

Land Rover Roy has hopefully answered my question ( thank you sir )
Also to Chris Mahon, I have had a conversation with the council & made a statement surrounding the circumstances as I see them.
Again thanks to Anke & Womble for their contribution(s)

Update
I have not disconnected the water as it’s the animals that will suffer.

I have initially had a witnessed meeting and read a letter which I had written to the individual which was hand delivered and received with the individual accepting my request to leave , so time will tell.

Watch this post if you are interested in the outcome.

William

landroverroy

  • Joined Oct 2010
Re: Advice on someone living in a trailer in my garden
« Reply #6 on: April 23, 2022, 03:18:34 pm »
Certainly interested in the outcome William.  :fc:
Please do keep us informed. :excited:


I have just remembered an incident that occurred a few years ago that might also be relevant.


I rented out a small brick office to a woman. It had power, water and a toilet, but was not classed as a dwelling. She moved in with her 5 elderly, frail rescue dogs.
Once in with her possessions, such as they were, she stopped paying rent. Not being an unreasonable person, and realising that people fall on hard times, and at the same time feeling sorry for the old dogs, I let this continue for a while.
But when I was just getting a series of lies, rudeness, and an assumption that she was entitled even to me providing free electricity as well as free rent, and with no sign of this coming to an end, I decided enough was enough.
I cannot now remember the details, but knew there was somewhere else she could go but she had no intention of moving while she was living for free. Also, like you William, I didn't want the animals to suffer, but something drastic had to be done.
This was happening in a particularly cold March. So one evening I disconnected the electricity, opened one of the doors to which she did not have a key, and locked the open door so that the actual sticking out bit of the lock prevented her from closing it. She stuck it for one night, in the freezing cold, with no heat or light and a icy draught coming in through the partly opened door.
The next day she booked a van to remove her and her possessions. The site had electric gates so once the van was in and loading up I shut and locked the gate and refused to open it again until she'd removed every bit of her crap. (She had filled the place with junk) She told me another van would be coming for the junk - an obvious lie as she had no money and it was perfectly obvious she would be leaving me to get rid rid of it once she'd gone. I stood firm so she called the police and I let them in, explained the situation, and they agreed with me and stood there while the van driver managed to find room for all her crap as well.
So - she left, I had the place fumigated, and learnt another lesson about human nature.     :thinking: [size=78%] [/size]
« Last Edit: April 23, 2022, 03:54:50 pm by landroverroy »
Rules are made:
  for the guidance of wise men
  and the obedience of fools.

 

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