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Easements.

The editor of this section is Emma Humphreys, solicitor, partner in Charles Russell LLP (www.cr-law.co.uk)

Nature of right

Recreational facilities

Regency Villas Title Limited v Diamond Resorts (Europe) Limited
[2017] EWCA Civ 238

Summary

Rights granted to use the tennis courts, squash courts, putting green, croquet lawn and golf course could constitute easements. However, a more modern approach to “physical exercise” easements did not really apply to recreational indoor games such as snooker or watching television.

Facts

The defendants (D) were the owners of an Estate. The claimants (C) had various interests in a property (the Property) which was situated within the grounds of the Estate and this had been developed into timeshare units for recreational use.

A transfer of the Property included the right to use a “swimming pool, golf course, squash courts, tennis courts, the ground and basement floor of … [a specified] Mansion House, gardens and any other sporting or recreational facilities” within the Estate. D argued that the rights granted could not amount to easements because the facilities could only be maintained at considerable expense and some of them were not in place at the time of the transfer. They also argued that the rights to use the facilities were personal rights incapable of running with the land so as to bind successors in title.

First instance

Relying on the guidance in the case of In Re Ellenborough Park [1956] Ch 131 (relating to the use of a pleasure ground), the judge reviewed whether the rights were capable of being the subject-matter of the grant of an easement by considering the following:
  • Were the rights were expressed in language which was too wide and vague? The judge held that th ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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