Call Us TODAY on 020 3588 4240

Protester removal: writ of possession or common law?

Worth Sharing?

Download Our Free E-book

Get Access to the Best Content on High Court Enforcement

From our heritage as Sheriffs we have developed our property services for the benefit of our community so they have a one-stop shop of protection.

When a landlord wants to remove squatters, travellers or demonstrators from their property they have two main options: court action by obtaining the Writ of Possession and Common Law Eviction.

There are two main options for landlords who want to remove tenants from their property: court action with the hope of getting a writ of possession or undertaking common law eviction. In this article, we look at what they each have in store and when one might be better than another depending on your situation as an entrepreneur!

Common law eviction

There are two types of evictions in England, an ordered one through the courts or a common law eviction. The process can start right away by instructing any High Court Enforcement Officer (HCEO) who is also certified to enforce these orders on the spot with little delay for payment obligations if they have been incurred prior!

The law says that if you are in or entitled to possess the land, and someone else wants it too–the person with a better claim has every right to enforce his ownership by requesting them to leave. However, if they refuse then there should be no more force than is reasonably necessary used on them; this includes using any type of legal action at all costs!

The enforcement agent will be at the site to give trespassers 24 hours’ notice before removing them from the property. If they do not leave after this time, their vehicles can also expect an intervention by law officials who are eager for any excuse concerning why it is necessary in order to remove these unwanted visitors!

The police are always on hand to keep the peace, but an EA may request their assistance in preventing a breach. If it looks likely that enforcement will cause serious disorder then they’ll stop things going ahead – no matter who’s requested them or not!

The second drawback to using common law is that it may not be used if the trespassers are residing in a permanent or semi-permanent structure, such as a barn. This does apply for caravans and Halsburys regularly removes travelling people who have become accustomed to this process; however, they will often leave when enforcement agents return instead of being served notice like most others would do so because their lifestyle makes them more resistant than other demographics might otherwise be toward having laws enforced upon them.

High Court writ of possession

Even though the process of getting an order for possession may seem straightforward, there are certain criteria that have to be met in order to accomplish this goal. This can only happen through going into court and filing a claim with either your county or local council’s recorder- Keeper office which it asks if you want permission from them before starting any legal action against someone else over a property dispute

The input was about how people should go after others who possess items they believe belong solely ours; however when discussing locations available at which one might start such actions we felt like adding “online” so as not to leave anyone out since all options exist today via technology.

Court for a possession order

The process of going to court for a possession order is longer than the standard divorce, but an experienced lawyer will make sure that your case gets heard and processed quickly.

Going to court is a tedious process, but it’s worth the wait when you have an expert attorney on your side. A good lawyer who specializes in this area of law will make sure that everything happens quickly and efficiently so don’t worry too much about going through all those steps with them!

The HCEO should be able to get possession orders sooner than later thanks mainly because they’re pros at what they do and if there are any problems along the way their clients can rest easy knowing these guys know how to deal.

We at the Shergroup Team, work quickly and efficiently to get you back in your home as soon as possible. Our experts will help with any situation, no matter how difficult it may seem!

We receive court orders within 48 hours of application so that we can start proceedings immediately- ensuring maximum impact for our clients’ cases.

The advantages of using a writ to enforce an eviction are clear. For one thing, it ensures that you get possession as soon as possible and without any hassle from the tenant who has been warned about their illegal activity by law enforcement or other officials involved in renting out space at your property.

  • The writ is a powerful and versatile remedy – it can be used to evict tenants, and gain vacant possession of land or property.
  • The HCEO is a law enforcement officer with arrest powers.
  • The HCEO has the power to call upon police assistance in order that an emergency law may be enforced. The officers cannot stop them from doing so however they might try!
  • The act of resisting the writ is an illegal offence
  • Trespassers who refuse to leave your property can be evicted with a simple writ of possession. This gives you time and peace of mind so that the situation doesn’t escalate, ensuring safety for everyone involved.
  • When the HCEO removes tenants under a writ of possession, they must go through court for an order. But if there is no one else living in your property and it has been vacant for more than six months before re-occupation by another person or company then you can file this second type called “writs” which allows us to take action without going back into legal proceedings again! The HCEO can remove tenants who are not complying with their eviction under a writ of possession or restitution. This is because it’s an order filed through the justice system and not just paperwork as many people think!

When you hire us to handle the eviction process, our team will take care of everything for you. We’ll give notice and make sure that any necessary repairs or cleanings happen before your renters leave so there are no disruptions in their stay at home! When you’re in the process of being evicted, it’s important for your safety and peace of mind that everything is carried out smoothly. We have all seen what can happen when things don’t go as planned – but with our help, this time around there will be nothing stopping either party from getting their life back!

So, is common law eviction or a High Court writ?

If there is likely to be no resistance from the tenant, for example, if they are travelling on their own property and it’s not necessary that everyone knows about this particular removal process in order for them to move out peacefully then common law evictions can often work best.

The High Court’s remedy of possession is an absolute one and you can be certain that the removal will take place with protection for yourself against any claims. We always recommend using this upon evictions, especially if there are squatters or protesters present on your property at the time of eviction
For more information on how to proceed please contact our team today!

You Might Also Like

Content Writer​


The following disclaimer applies to Shergroup Limited and its platform, Please read this notice carefully before accessing or using any information provided on our platform.

  1. No Legal Advice | The information presented on, including but not limited to articles, blog posts, FAQs, and other resources, is provided for general informational purposes only. It is not intended to be, and should not be considered, legal advice. The information provided does not create a solicitor/client relationship between Shergroup Limited and the user.
  2. Not a Substitute for Legal Advice | The information on should not be relied upon as a substitute for obtaining legal advice from a qualified professional. The application of laws and regulations can vary based on specific circumstances, and legal advice tailored to your particular situation is crucial. Therefore, we may refer you to a member of our partner firm -Shergroup Legal – on legal matters or encourage you to take your own legal advice from your preferred advisor.
  3. No Guarantee of Accuracy | While we strive to provide accurate and up-to-date information, Shergroup Limited does not guarantee the accuracy, completeness, or reliability of any information on The legal landscape is constantly evolving, and laws may vary across jurisdictions. Therefore, any reliance you place on the information provided is at your own risk.
  4. No Liability | Shergroup Limited, including its officers, employees, agents, and affiliates, shall not be held liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to or use of or any information contained therein. This includes, but is not limited to, any errors or omissions in the content, or any actions taken or not taken based on the information provided.
  5. Third-Party Links | may contain links to third-party websites or resources. These links are provided solely for convenience and do not imply endorsement or responsibility for the content, accuracy, or legality of such websites or resources. Shergroup Limited shall not be liable for any damages or losses incurred as a result of accessing or using any third-party websites or resources.
  6. Changes to Disclaimer | Shergroup Limited reserves the right to modify or amend this disclaimer notice at any time without prior notice. Any changes will be effective immediately upon posting on It is your responsibility to review this notice periodically for updates.

By accessing or using, you acknowledge that you have read, understood, and agreed to this disclaimer notice. If you do not agree with any part of this notice, you should refrain from accessing or using

Last updated | 19 July 2023

Should you have any questions or concerns regarding this disclaimer notice, please contact us at [email protected]