Carry on camping - but not on my farm!

Spring is here and that means summer is not far away either. This can mean a surge in camping and, in some cases, visitors on your land without permission!

Whilst this has always been a problem for some farmers and landowners, the increased popularity and cost of staycations since COVID paired with the current cost of living crisis, means more and more people are considering a camping holidays. Whilst most will opt for an established campsite, others would prefer to camp further from the beaten track.

Unauthorised camping can range from one person in a tent for the night to a group in their caravans for the summer. In either circumstance, it is important to know the correct steps to take.

The first step you can take is to ask them to leave. Some people won’t realise they are camped on private land or perhaps they were “chancing it”, however, many will leave after you ask. Unfortunately, this is not always the case. Others won’t leave and will try to rely on the rights they believe to have after a quick google search.

Obviously, you need to be cautious about approaching anybody and it's prudent to avoid being too hostile. If you can, it is also advisable to take photographs of the camp and any damage being done. We would also advise displaying self-restraint and would recommend not releasing a herd of cattle into the field or to start spreading for instance! 

The second step to consider is notifying the police - especially if the campers are being abusive, threatening, or causing damage. The police are not obliged to act but they do have the power to direct trespassers to leave. This is generally only when the trespassers are causing damage or being abusive.

If the campers do not leave and the police make the decision not to intervene, you can rely on your common law rights and attempt to evict the campers using certified bailiffs. The bailiffs will serve a notice on the campers asking them to leave within 24-hours and, if they do not leave, the bailiffs can attempt to evict them. The bailiffs are, however, limited as to what force can be used.

If the campers still do not leave, you will need to apply to the court for a possession order. You can then enforce the order using either the county court or high court bailiffs, who are able to force if necessary. You may also be able to claim monetary damages for any damage done and seek an injunction to stop them from returning.