Can the right to play tennis constitute an easement?

The list of possible easements, rights over land, remains open to new additions. The High Court recently considered whether the right to use a golf course, use a swimming pool or play tennis could constitute an easement and in Regency Villas Title Ltd and others v Diamond Resorts (Europe) Ltd held that indeed they could.

Essentially the court had to decide whether playing tennis or golf could form the matter of a valid grant i.e could it really be used as a right to benefit land. In the circumstances of the particular case, the court held that the rights could be more than personal to named individuals but could be rights that benefit land.

The case is useful authority as this is the first time that the courts have provided guidance on this issue as it relates to playing tennis, using a swimming pool or playing golf. It demonstrates that a right over land really can, where certain criteria are met, exist where an assumption may be that the use is personal to individuals.

If you need help and assistance in respect of any property issues then call the Property Team on 01908 689319 or email dmillis@geoffreyleaver.com

Commercial Property

Can the right to play tennis constitute an easement?

Darren Millis | Feb 2016

The list of possible easements, rights over land, remains open to new additions. The High Court recently considered whether the right to use a golf course, use a swimming pool or play tennis could constitute an easement and in Regency Villas Title Ltd and others v Diamond Resorts (Europe) Ltd held that indeed they could.…

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Commercial Property

Get your facts straight

Darren Millis | Feb 2016

Sellers must ensure they give the correct replies to enquiries, Darren Millis explains more...

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Commercial Property

Holiday Homes & Stamp Duty Land Tax

Darren Millis | Feb 2016

The increased SDLT charge for second homes is to apply to holiday homes...

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Commercial Property

Planning for the future

Darren Millis | Feb 2016

On 13 October 2015 the Housing and Planning Minister Brandon Lewis stated: “Today’s measures will mean we can tap into the potential of underused buildings to offer new homes for first-time buyers and families long into the future, breathing new life into neighborhoods and at the same time protecting our precious green belt.” The Minister…

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Dispute Resolution & Litigation

Administrators tackle quandary of pooled funds in insolvency

Ken Stangoe | Feb 2016

Administrators were left in a quandary after two insurance broking companies went bust with £1,275,000 in their client accounts but with no record of exactly who was entitled to the funds. However, in coming to their assistance, the High Court gave detailed directions for the distribution of the money. The companies’ client accounts contained premiums…

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Commercial Property

Smaller residential developments and self-build

Darren Millis | Feb 2016

Under the Self-Build and Custom Housing Act 2015 local authorities will be under a duty to maintain a register of those individuals (or indeed housing associations) who are seeking to build their own home. There are now regulations (Self-build and Custom Housebuilding (Register) Regulations 2016 (SI 2016/105)) which provide further guidance of use both to…

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