Bromley LBC v Morritt
Bromley LBC v Morritt
- 2000
- Property, Planning and Compensation Reports [2000] 79 P & CR 536-540(5) .
CA 21 June 1999. In 1973 the council served a notice of intention on M in respect of laying a sewage pipe on his land under the Public Health Act 1936 s15(1). In 1996 M blocked the pipe claiming trespass. The council issued proceedings to recover the costs of repair to the pipe. M counterclaimed that the pipe was not a public sewer but a drain, and therefore under statutory provisions there was no power to lay it. When the pipe was laid a trespass had been committed, and so he was entitled to block it. Appeal dismissed.
BROMLEY LBC V MORRITT
TRESPASS
PIPELINES
PUBLIC SEWERS
PUBLIC HEALTH ACT 1936 S343
CA 21 June 1999. In 1973 the council served a notice of intention on M in respect of laying a sewage pipe on his land under the Public Health Act 1936 s15(1). In 1996 M blocked the pipe claiming trespass. The council issued proceedings to recover the costs of repair to the pipe. M counterclaimed that the pipe was not a public sewer but a drain, and therefore under statutory provisions there was no power to lay it. When the pipe was laid a trespass had been committed, and so he was entitled to block it. Appeal dismissed.
BROMLEY LBC V MORRITT
TRESPASS
PIPELINES
PUBLIC SEWERS
PUBLIC HEALTH ACT 1936 S343