Donovan v Welsh Water plc and Alfred McAlpine Homes Midlands Ltd
Donovan v Welsh Water plc and Alfred McAlpine Homes Midlands Ltd
- 1993
- Rating & Valuation Reporter (1993) 33 RVR 126-127(2) .
LT 4 March 1993. The first respondent (W) served a notice under Water Act 1989 s153 stating their intention to lay a sewer or drain across the defendant`s (D) land, along a line depicted on a plan. W employed the second respondent (M) to do the work. During this work M `uncovered` or `disturbed` land belonging to D adjoining the strip depicted on the plan due to an operationally difficulty. The parties could not decide on the liability of W and M in respect of the extra area of disturbed land. W denied responsibility claiming that the extra work was unauthorised. It was held that the LT did have jurisdiction to determine the case and it was held that W was liable to pay the compensation as M was acting as their agent.
PIPELINES
WATER ACT 1989 S153
LT 4 March 1993. The first respondent (W) served a notice under Water Act 1989 s153 stating their intention to lay a sewer or drain across the defendant`s (D) land, along a line depicted on a plan. W employed the second respondent (M) to do the work. During this work M `uncovered` or `disturbed` land belonging to D adjoining the strip depicted on the plan due to an operationally difficulty. The parties could not decide on the liability of W and M in respect of the extra area of disturbed land. W denied responsibility claiming that the extra work was unauthorised. It was held that the LT did have jurisdiction to determine the case and it was held that W was liable to pay the compensation as M was acting as their agent.
PIPELINES
WATER ACT 1989 S153