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My property adjoins a private road/estate which my deed guarantees "full and free right" when it comes to access to the property. To access our property we must pass through the Pemberton estate
Recently a resident of Pemberton place complained that our bins were being collected from the end of our drive which is at the back of the Pemberton estate instead of placing the bins at the front of the Pemberton estate. Council rules state that bins should be placed as close as possible to ones property boundary.
I just wanted to confirm that I am entitled to have my bins collected from my property boundary not the pemberton place property boundary.
1. The full and free right for Mr. and Mrs. Ishani and their licensees(in common with Octagon and all other persons who now have or shallhereafter have the like right) at all times and for all purposesincidental to the occupation and enjoyment of Garden Cottage as notmore than two private dwellings but not further or otherwise to go passand repass with or without vehicles over and along the SharedAccessways SUBJECT TO compliance by Mr. and Mrs. Ishani or other theowners for the time being of Garden Cottatge with the covenants andstipulations on their part contained in Clauses 1, 2 and 3 of theSecond Schedule hereto
Clause 1 of second schedule:
1. Not to use or permit to be used the Shared Accessways for thepassage of commercial vehicles (save for delivery purposes)
Ithink whoever objected to this needs to have a look at their own sad littlelife.
It wouldbe a nonsense if a vehicle could make a delivery but not a collection.
If youwanted to argue the point, you could say that you are delivering your waist tothe Council and therefore it is a delivery purpose.
Doesthat answer the question? Can I help further? Can I answer any specific points?
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