2006-11-11 04:39:49 · 26 answers · asked by zeal2610 1 in Politics & Government ➔ Law Enforcement & Police
yes, if it is 100% yours, and he/she who is on it has no share in it. you have every right to, either call the cops or get a restraining order, and they would not be allowed within 100 yeards of the property
2006-11-11 04:46:07 · answer #1 · answered by Anonymous · 0⤊ 1⤋
I am a serving police officer and the answer is - No.
The police can try and persuade them, and if things get heated they have the power to arrest for breach of the peace or any other arising offences.
The unlawful occupier is essentially committing a civil wrong - it can be turned into a criminal wrong only by the owner obtaining a civil court order which is resisted. On the other hand, the owner is potentially initiating a number of criminal offences (albeit in pursuit of a valid civil right). The advice for officers, is that if the unlawful occupiers do not leave of their own accord, then the owners should be advised go through the normal channels for civil recovery of land.
If the owners proceed with forcible ejection, then they should be warned that they may be liable for the consequences. In the type of circumstances outlined, the police should not get involved in the physical removal of the unlawful occupants, because, as has been said in the previous paragraph, their transgression is a civil not a criminal matter and they are not breaching any criminal law by their simple presence on the land. At the scene of such an incident the police are there to prevent a breach of the peace and to investigate the commission of offences committed by either side.
Trespass is an offence in Common Law and not Criminal Law, therefore the police only have the same powers as any other person on the street and if they should need to use any of their equipment could find themselves on the end of an investigation for using prohibited weapons such as CS gas in a situation where they do not have the power to do so.
2006-11-11 04:46:05 · answer #2 · answered by THE BULB 3 · 2⤊ 1⤋
with out knowing the full facts I can't tell you exactly, but legal advice start with the CAB the likely outcome is that you will have to go to court and get an eviction order. Be very careful squatters know the law better that most police officers. If and when you get an eviction order make sure there there is a power of arrest as well as power to use force.
2006-11-11 06:20:10 · answer #3 · answered by GRILL 2 · 0⤊ 0⤋
The Bulb has answere the question spot on with respect to squaters (did you just read that from Blackstones).
However, If its just someone in your house who's popped round for a cup of tea, and now wont bugger off even thought you've told them too, then the police can assist you. Normally, we would get you to ask the person leave again whilst we stand by. If they refuse you can then use reasonable force to remove them, normally by taking their arm and walking them towards the door. If they refuse or offer violence, we would then arrest them to prevent a breach of the peace.
2006-11-12 12:06:25 · answer #4 · answered by Mnkeyboy5 1 · 0⤊ 0⤋
Really really depends on who they are and what the relationship with you is. Are they renting? Then they have certain rights as tenants. Is this a common law spouse? Then the police won't remove them without some kind of court order.
Are they just visiting? Then yes the police will.
2006-11-11 11:32:38 · answer #5 · answered by joeanonymous 6 · 0⤊ 0⤋
Depends on the situation really. If they have been living with you as a paying guest or for a period of time, they may well have some rights.
Check with Citizens Advice Bureau.
Or wait til this person goes out and change the locks. Pack up their stuff and leave it outside for them!!!
But really we cannot answer this without knowing the circumstances.
2006-11-13 23:50:05 · answer #6 · answered by Sally J 4 · 0⤊ 0⤋
Is this a domestic squabble? Did you allow the person to come in and stay? Could be tricky then. But if someone broke in and won't leave, then yes the police can make them leave.
2006-11-11 04:48:02 · answer #7 · answered by sheeny 6 · 0⤊ 0⤋
if they rented it from u no, if u let them in to stay then no and if u walk out the door with them still in there they can change the locks n get squatters rights to stay in there!! there was a programme on this a few weeks back on the bbc the police has no power over this what so ever u can get your local county court to issues an eviction notice to them then the dougnut guys can deal with it then
2006-11-14 10:05:47 · answer #8 · answered by it_wasnt_me 2 · 0⤊ 0⤋
yes if you have let someone stay in your home more than 3 mouth and they don't want to leave you have to get a court order or something from the police to make the vacate your home
2006-11-11 04:47:34 · answer #9 · answered by ? 6 · 0⤊ 0⤋
Yes
2006-11-14 08:28:35 · answer #10 · answered by alx n 2 · 0⤊ 0⤋
It is going to depend on the reasons and who it is.
are they a person renting a room who is merley late paying rent
are they a relation who has lived there for several months or several years.
Is it someone you are legally married to
Normally on domestic issues they do not get involved.
If it is a renter you will have to go to court and get an eviction first
2006-11-11 05:17:54 · answer #11 · answered by Anonymous · 0⤊ 0⤋