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Bromley LBC v Morritt

Series: Property, Planning and Compensation Reports ; [2000] 79 P & CR 536-540(5)Publication details: 2000Subject(s): Summary: 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.

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.