When an unauthorised encampment appears on private land, landowners often need a clear and lawful way to regain possession. One of the most commonly used legal routes in these situations is Part 55 possession proceedings.
Understanding how this process works helps landowners act quickly and correctly when dealing with trespassers. While there are several methods available to remove travellers from private land, Part 55 provides a structured court-based route that gives legal authority to recover property.
At West Country Bailiffs, we regularly assist landowners, businesses and developers in navigating this process and restoring control of their land through lawful enforcement.
What Are Part 55 Possession Proceedings?
Part 55 refers to a section of the Civil Procedure Rules (CPR) in England and Wales that governs possession claims relating to land or property.
In simple terms, Part 55 provides the legal framework that allows a landowner to apply to the court for an order requiring occupants to leave the land.
If travellers or other trespassers occupy land without permission and refuse to leave voluntarily, a Part 55 possession claim allows the landowner to request that the court formally order the occupants to vacate.
Once the order is granted, enforcement officers can legally remove the trespassers if they fail to comply.
When Are Part 55 Proceedings Used?
Part 55 possession proceedings are typically used when:
- Travellers have set up an unauthorised encampment on private land
- Trespassers refuse to leave after being asked
- A landowner requires a formal legal order to recover possession
- The situation cannot be resolved through voluntary departure
This route provides strong legal backing and is often used where the landowner wants a clear and structured process supported by the court.
While some situations may allow quicker routes such as common law eviction, possession proceedings offer greater legal certainty in more complex cases.
If you are unsure which option is appropriate, it is important to seek professional advice on the most effective way to remove travellers from private land lawfully.
How the Part 55 Process Works
Although the exact procedure can vary depending on the situation, the process generally follows several stages.
1. Preparing the Possession Claim
The first step is to prepare and submit a possession claim to the County Court. This claim confirms that the landowner is seeking legal possession of the property and identifies the individuals occupying the land.
In cases involving travellers, the occupants may not always be individually named, so proceedings are often brought against “persons unknown” occupying the land.
2. Serving the Court Papers
Once the claim is issued by the court, the documents must be served on the occupants.
This usually involves placing notices clearly on the site where the encampment is located. The notices inform the occupants that legal proceedings have been started and specify the date of the court hearing.
Correct service of documents is essential to ensure the process is valid.
3. The Court Hearing
The court will then review the possession claim at a scheduled hearing.
If the judge is satisfied that the landowner has legal ownership and that the occupants are trespassing without permission, the court will normally grant a possession order.
This order requires the occupants to leave the land.
4. Enforcement of the Possession Order
If the occupants do not leave by the deadline stated in the order, enforcement action can follow.
Enforcement officers can attend the site to remove the trespassers and restore possession of the land to the owner.
Professional enforcement ensures the process is carried out lawfully, calmly and in accordance with the court’s instructions.
How Long Do Part 55 Proceedings Take?
Timeframes can vary depending on court availability and the complexity of the case.
However, possession proceedings are designed to provide a relatively efficient route for landowners to regain control of their property.
Acting quickly when an encampment appears helps prevent situations from escalating. The longer trespassers remain on land, the more likely it is that additional vehicles may arrive or disruption may increase.
Early legal action can significantly improve the chances of a faster resolution.
Why Landowners Use the Part 55 Route
Many landowners choose this route because it provides:
- Clear legal authority
- Court-backed possession orders
- A structured and recognised process
- Reduced risk of legal disputes
- Confidence when enforcement becomes necessary
For commercial property owners, developers and rural estates, having formal court support can be particularly important where land access or business operations are affected.
Common Situations Where Possession Proceedings Are Needed
Part 55 possession proceedings are commonly used where:
- Agricultural land has been occupied without permission
- Development sites are obstructed by unauthorised encampments
- Commercial yards or car parks are taken over
- Industrial land is blocked by vehicles or caravans
In these situations, regaining possession quickly is essential to prevent financial loss or operational disruption.
The Importance of Acting Early
One of the most common mistakes landowners make is waiting too long before taking action.
Delays can allow encampments to grow, increasing the complexity of removal and the potential for damage or disruption.
Seeking professional enforcement advice early allows landowners to determine whether common law eviction, possession proceedings or another route is most appropriate.
Our guide on how to remove travellers from private land quickly and lawfully explains the different legal routes available and when each may apply.
Preventing Future Occupation
Once possession has been restored, landowners should consider preventative measures to reduce the risk of future encampments.
Common steps include:
- Improving access control
- Installing reinforced gates or barriers
- Increasing perimeter security
- Carrying out regular site inspections
Sites that are clearly secured and monitored are less likely to be targeted again.
Professional Enforcement Support
Possession proceedings can be highly effective when handled correctly, but the process requires careful preparation and lawful enforcement.
At West Country Bailiffs, we provide professional support for landowners dealing with trespassers and unauthorised encampments. With over 30 years of experience in enforcement and land recovery, our team can guide you through the most appropriate legal route to regain possession of your property.
Restoring Control of Your Land
If you are dealing with an unauthorised encampment, taking early action is the best way to minimise disruption and protect your land.
Whether the situation requires common law eviction or Part 55 possession proceedings, professional guidance ensures the process remains compliant and effective.If you need immediate assistance, contact West Country Bailiffs for clear advice on the most appropriate way to remove travellers from private land and restore possession with confidence.
