Right to carry drain through land or into drain belonging to other persons

Right to carry drain through land or into drain belonging to other persons.--

1. (1) If the owner or occupier of any building or land desires to connect the same with any Municipal drain, by means of drain to be constructed through land or to be connected with the drain belonging to or occupied by or in the use of some other person, he may make a written application to the Council.
2. (2) The Council may, thereupon, after giving to such other person a reasonable opportunity of stating any objections to such application, and if no objection is raised or if any objection which is raised is in its opinion insufficient, by an order in writing, authorise the applicant to carry his drain into, through, or under the said land, or into the said drain, as the case may be, in such manner and on such condition as to the payment of rent or compensation and as to the respective responsibilities of the parties for maintaining, repairing, flushing, cleaning and emptying the said drains as may appear to it to be adequate and equitable.
3. (3) Every person is whose favour such order is made, or any agent, or other person employed by him for this purpose shall be entitled after giving or tendering to the owner, occupier or user of the said land or drain the compensation or rent, if any specified in the said order, and otherwise fulfilling, as far as possible the condition of the said order, and after giving to the said owner, occupier, or user reasonable notice, in writing, to enter upon the land specified in the said order with assistants and workman at any time between sunrise and sunset and, subject to all provisions of this Act, to all such work as may be necessary--
   • (a) for the construction or connection of the drain, as may be authorised by the said order;
   • (b) for renewing, repairing or altering the same as may be necessary from time to time; or
   • (c) for discharging any responsibilities attaching to him under the term of the order as to maintaining, repairing, flushing, cleaning or emptying the said drain or any part therof.
4. (4) In executing any work under this section as little damage as possible shall be done, and the owner or occupier of the buildings or lands for the benefit of which the work is done, shall--
   • (a) cause the work to be executed with the least practicable delay;
   • (b) fill in, reinstate and make good at his own cost and with the least practicable delay the ground or any portion of any building or other construction opened, broken up or removed for the purpose of executing the said work; and
   • (c) pay compensation to any person who sustains damage by the execution of the said work.
5. (5) If the owner of any land into, through or under which a drain has been carried under this section whilst such was unbuilt upon, shall at any subsequent time desire to construct a building thereon, the Council shall, if it sanctions the construction of such buildings, by written notice, require the owner or the occupier of the building or land, for the benefit of which drain was constructed, to close, remove or divert the same, and to fill in, reinstate and make good the land in such manner as it may deem necessary in order to admit of the construction or safe enjoyment of the proposed building.