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Easements: A leisurely pursuit

Annabel Cox, Peter Selwyn, and Laura Williamson advise on what can and cannot be classed as an easement, new property measurement standards, and assets of community value

24 March 2016

The judgment in the case of Regency Villas Title Ltd and others v Diamond Resorts (Europe) Ltd and another [2015] EWHC 3564 (Ch), handed down late last year, confirms that new types of easement can still be granted. 

Classic types of easement include, for example, rights of way, rights to drainage, and rights to light and air. In this case, however, the High Court considered whether a right granted by a transfer to use leisure facilities, including a swimming pool, golf course, squash courts, tennis courts, gardens, and ‘any other sporting or recreational facilities’, on the adjoining estate had taken effect as a legal easement. In reaching the decision, the test established in Re Ellenborough Park [1956] Ch 131 was applied, namely that:

  • There must be dominant and servient land;

  • The easement must accommodate the dominant land;

  • The dominant and servient owners must be different per...

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