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Ask James Mather Your Own Question
James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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Does the phrase in my property deed: 1. Not to use or permit

Customer Question

Does the phrase in my property deed:

1. Not to use or permit to be used the Shared Accessways for the
passage of commercial vehicles (save for delivery purposes)

Include the delivery of services such as refuse collection
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.

Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousand's of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in
minutes, particularly evenings and weekends. Please bear with me in that case.

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

-Could you explain your situation a little more?
Customer: replied 4 years ago.

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.


The deed:


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 shall
hereafter have the like right) at all times and for all purposes
incidental to the occupation and enjoyment of Garden Cottage as not
more than two private dwellings but not further or otherwise to go pass
and repass with or without vehicles over and along the Shared
Accessways SUBJECT TO compliance by Mr. and Mrs. Ishani or other the
owners for the time being of Garden Cottatge with the covenants and
stipulations on their part contained in Clauses 1, 2 and 3 of the
Second Schedule hereto


Clause 1 of second schedule:


1. Not to use or permit to be used the Shared Accessways for the
passage of commercial vehicles (save for delivery purposes)



Expert:  James Mather replied 4 years ago.

think whoever objected to this needs to have a look at their own sad little

It would
be a nonsense if a vehicle could make a delivery but not a collection.

If you
wanted to argue the point, you could say that you are delivering your waist to
the Council and therefore it is a delivery purpose.

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