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.
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