Traveller Eviction is a legal procedure where you, as a traveller, have been told that you are not permitted to stay in a particular country due to reasons such as: being an illegal immigrant, or you have outstanding visa charges. When told you are not allowed to stay in a country, it can be difficult to appeal against this decision, let alone to make sure your possessions are protected. However, Traveller Eviction is an option that is open to you. An experienced traveller eviction agency will be able to assist you with the relevant application forms and give you legal advice, so that you can learn your legal rights and choose the best solution for you. There are three types of traveller evictions, and they are as follows: Private Owner Eviction, Tourist Eviction, and Security Occupation Eviction.
Private Owner Eviction: If you have purchased private property on the date of your stay, that property can be revoked by an Act of Parliament called the Travel Promotion Act. Upon purchase of the property, an Act of Parliament is passed which makes it mandatory for the occupier (you) to leave the property after six months. For example, if you buy a holiday home in Spain, and two months later, receive a letter telling you that Spain has passed an Act forbidding entry into Spanish soil, then within six months you must leave the property and cannot return. If you receive a letter informing you that a court hearing is about to be held regarding your trespassers, then as per the Act you must attend the court hearing. Traveller Eviction lawyers from an experienced enforcement company are experienced at dealing with situations like these and can help you keep your property intact.
Tourist Eviction: If you are staying in non-boarding camps, unauthorised camps, or squats, then you can apply to have a Court Order made against the owners of the properties. The Court will issue an OBE that is valid in all countries of the EU including Spain. The Court will also make the owners aware of their obligations under the common law eviction laws of each country and will ask them to leave the structures immediately. However, there is usually a time period of three years during which the travellers and squatters are allowed to stay in the campsite.
There are some differences between tourist and traveller eviction cases. In the case of a tourist OBE, there is no need for a court order; the local police or the designated representatives from the Spain tourism agency (AFE) will deal with any issues that arise. Similarly, travellers do not need a court order to evict them because they are outside of the country. However, travellers are not excluded from the right of lodging a complaint in Spain with the accredited representatives of the Spanish government who can deal with the situation legally. All accredited Spanish authorities are expected to respect their human rights obligations and will help identify individuals who have entered Spain illegally.
Spain’s landlord organisations are fully responsible for the control of properties. They are required to carry out adequate investigations into the possibility of a tourist or traveller being living in any property they manage. If such investigations reveal such facts, the landlord will inform the relevant authorities and the law enforcement agencies in a prompt manner. If this action fails to solve the problem or there is insufficient evidence to justify a traveller eviction, the case will be turned over to the Spanish law enforcement authorities, who will carry out the necessary action against the trespassers. Landlords are also obliged to inform their tenants in writing of their rights to remove foreigners, including their right to remain in the property until the case has been settled.
The process of traveller eviction takes place in three phases. The first phase is the identification and registration of the trespassers. The second phase consists of the carrying out of necessary investigations to determine if the trespassers should be expelled from the property. Finally, the travellers’ property can be taken back by the squatters upon completion of the legal procedures.