SIR – James Connell’s article on October 17 reminded me of a successful claim against South West Water for ruining a pick-your-own with a fountain of sewage from a rising main and the prosecution of Southern Water for not cleaning up land as a result of a sewer malfunction.

There is no doubt that sewerage undertakers own the contents of their sewers, and, while their liability for the escape of waste from gravity sewers is limited that does not prevent them being liable for failing to remove their wastes from other people’s property and threats to health and amenity.

People should be aware that if sewage wastes land on property then that land is in a condition to be a nuisance or prejudicial to health. There is a statutory duty on the local environmental health authority. Herefordshire in this instance needs to serve an abatement notice on the party responsible to remove it and remediate the land.

Landowners could give notice to do this and go to the magistrates court to apply for an abatement order and the court would award compensation for the nuisance from the issue of the application.

There really is no excuse for the sewerage undertaker not cleaning up its mess.

PETER SCOTT, Partner, Parkinson Wright.