Rough sleepers on rural estates: advice for landowners

Despite the time of year and the cold, damp weather, rural land remains a prime location for the homeless and other individuals seeking a quiet spot from which to base themselves. Homelessness is a growing problem and individuals who have no fixed abode may also be suffering with physical or mental health issues. Whilst it is outside the scope of this article to address the causes of homelessness, we look at why landowners should be alive to the challenges it can present for rural estates and suggest some practical ways in which they might sensitively deal with rough sleepers on their land.

Monitor

As most rural land spans large areas and is likely to include secluded, wooded areas, monitoring the existence of rough sleepers – and even larger encampments – can be difficult. Landowners may, therefore, be tempted to ignore the issue entirely (unless problems become apparent and their hand is forced). Although monitoring is difficult, it is not impossible; regular inspections of land, including woodland and secluded areas, are important and will enable landowners to identify whether they have a problem with rough sleepers and encampments quickly. The longer any problem goes undetected, the harder it will be to deal with, and it will also increase the likelihood of accidents, incidents and damage occurring.

On the subject of accidents, landowners should remember that they have a duty to take reasonable care to ensure the safety of those on their land, including trespassers, under the Occupiers’ Liability Act 1984 and can be sued by the trespasser if that trespasser comes to harm. It is therefore imperative that landowners take positive steps to monitor the existence and emergence of unauthorised encampments and, where found, take appropriate steps to manage any risks. Where there are dangers near where people are staying, especially those where the risks are not immediately apparent, such as old mine workings or submerged objects in water, landowners should consider fencing those areas off and erecting warning signs to prevent trespassers from going into those areas.

Prevent

Although it may not be possible to prevent rough sleepers and encampments entirely, when inspections find evidence of such activity, there are steps landowners can take to discourage the use continuing and growing.

• Consider whether steps can be taken to restrict unauthorised access to the site, such as fencing it off. Although implementing any measures might prove difficult, especially as certain areas might contain public footpaths or comprise large, open areas, landowners should still explore this option.
• Erecting “no trespassing” signs might act as a useful deterrent in relation to the construction of any would-be encampments. Where the encampment already exists, erecting signs close by will alert individuals to the fact that they are trespassing on private property, and hopefully encourage them to relocate. It will also prevent any attempts to claim that they were not aware they were on private land.
• Although potentially quite costly, installing sensor lighting in any particularly susceptible areas might be worth considering to deter individuals from creating encampments. If the lighting is tampered with or damaged, a criminal trespass will also have occurred (in addition to the civil trespass) and at that point landowners should contact the police to intervene.

Act

Landowners should be aware that many individuals who have set up encampments or who are sleeping rough will be categorised as vulnerable. Landowners should therefore approach the local authority and/or local homeless charities at an early stage and ask for their advice and help as to how they might deal with the situation. This will often be the best – and most appropriate – angle from which to engage with the problem. Local authorities or charities will often be able to relocate the individual or offer them alternative accommodation. If it becomes apparent that the individual does not intend to relocate or is otherwise uncooperative, however, further steps may need to be considered, but it is important to have tried a conciliatory approach first.

From a purely legal point of view, where rough sleepers or established encampments are found, the starting point is that the individuals are trespassing on private land and that is a civil wrong. As a first step, landowners can therefore prepare letters for the individuals, giving them a reasonable timeframe (probably at least 21 days, depending on how established the encampment is) within which to vacate the area and remove their belongings. If the individual is not present, the letter can be attached either to their belongings or a nearby tree. Photographic evidence should be kept of the letters. Where an individual vacates the land but leaves their belongings on it, a pragmatic view will need to be taken as to how a landowner should best clear the site up. Where the situation merits it, solicitors can be instructed to prepare a “torts notice”: this confirms that the landowner has taken the possessions but can be contacted by the rough sleeper to arrange their return. If the possessions are not reclaimed, the landowner can sell or dispose of them – but this approach will not be proportionate in all cases. Where the individuals do not vacate at all, after having been given notice to do so, enforcement action may be required. Instructing enforcement agents to remove the individuals and dismantle their encampments is a possibility, but this should very much be viewed as an option of last resort.

While most trespass instances remain in the civil domain, if any individuals are causing a public disturbance, causing damage to the land or there is evidence that illegal substances are being used, then their actions may constitute criminal offences and the police should be contacted immediately. It goes without saying that landowners should not put themselves, or anyone else, in danger when dealing with encampments or individuals residing on them.

This article is part of the Rural Estates Newsletter 2025, click here to read.

This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.

© Farrer & Co LLP, February 2025