Removing Travellers From Land In Scotland

Discovering that someone has occupied land without permission can be upsetting and finding a solution can be disruptive, costly and difficult to manage.

In Scotland, a landowner will usually need a court order to recover possession. The appropriate route depends on the circumstances, but where the issue is occupation without any right or title there are established procedures designed to help landowners act quickly.

Unauthorised occupiers or former tenants?

The first step is to distinguish between someone who has overstayed a lawful right to occupy and someone who never had permission to be there in the first place.

Each case is treated differently – in this article we focus on the latter, as landowners have experienced increased difficulty with a common unauthorised occupier: travellers. In these cases, there are two main approaches.

Raising proceedings in the Sheriff Court

In Scotland, there are specific provisions for cases involving unauthorised occupiers. One option is to raise proceedings in the Sheriff Court for recovery of possession of heritable property.

Importantly, where the landowner does not know, and cannot reasonably discover, the identity of those on the land, proceedings can still be raised against the ‘occupier’. This avoids the practical problem of being unable to identify the defender by name.

In cases where occupiers are unnamed, the court papers can be served by affixing them to the main door or another conspicuous part of the premises and, where practicable, leaving copies inside. If the occupied property is open land only, papers may instead be attached to stakes placed in visible positions on the land.

The court also has discretion to shorten some procedural timescales, which can be important where delay would worsen the situation or make recovery of possession more difficult. These measures are intended to prevent unauthorised occupiers from frustrating proceedings simply by withholding their identity or exploiting procedural delay.

A Court of Session petition

Depending on the circumstances, a landowner may instead seek relief in the Court of Session, including an order requiring the occupiers to remove themselves from the property and, where necessary, authority for enforcement officers to remove them.

This can be particularly relevant where urgent action is needed or where wider remedies are being considered.

Choosing the right procedure

While the law provides practical mechanisms for dealing with unknown or uncooperative occupiers, the best route will always depend on the particular circumstances of the case.

The correct approach will be led by the nature of the occupation, the type of property involved and whether any additional remedies are required. Prompt legal advice is important, not only to select the right forum and procedure, but also to ensure that the necessary practical steps are taken quickly and effectively.

If you are dealing with unauthorised occupation of land, taking advice early can make a significant difference to both timing and outcome.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.