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❑ The court must serve the notice at least 14 days before the court hearing . The notice must also be served on the municipality that has jurisdiction in the area . If any one procedure is left out , the eviction is unlawful . It is also a criminal offence to directly or indirectly receive or solicit payment of any money or other consideration as a fee or charge for arranging or organising or permitting a person to occupy land without the consent of the owner or person in charge of that land . The court will only give an eviction order if it is proved that : ❑ The person who is applying to evict an occupier , is in fact the owner of the land ; ❑ An occupier is an unlawful occupier ; ❑ The owner has reasonable grounds to ask for the eviction ; ❑ The local authority or any other owner of land in the area can make alternative land available for the occupier . If the court grants an eviction order , the order will state a date by when the occupier has to leave the land , and also the date on which the eviction will take place if the occupier does not vacate the land . The court has to balance out and reconcile the opposed claimsinasjustamanneras possible , taking account of all the interests involved and the specific factors relevant in each particular case , including the interest of the owner . The sheriff of the court will implement eviction orders . In some cases , where there is sufficient information to indicate that the sheriff and his / her employees may be exposed to injury , death or damage to property , the police will be on hand to ensure law and order and protection . Where land invasion takes place , it is most important that the owner immediately reports the matter to the police . Land invasions are often associated with the occupation of land by force . The act also allows for urgent eviction proceedings . This will be granted if the owner can show that : ❑ There is real danger of substantial injury or damage to any person or property ; ❑ There is no other way to solve this situation ; ❑ The owner is going to suffer more if the occupier stays on the land , than the occupier will suffer if he or she gets evicted In such a case , the owner can go to court and get a final order for the eviction . If the court grants an order : ❑ The eviction order will state a date by when the unlawful occupier has to leave the land , and also the date on which the eviction will take place if the unlawful occupier does not vacate the land .
LAND RIGHTS
Q The court order may also make an order for the unlawful occupier ' s buildings to be demolished . Only the sheriff of the court can carry out an eviction . The police must investigate to determine whether a common law offence has been committed .
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