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 Mar 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] C...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.
Already registered? Login to access premium content

Single User

  • - 10 issues a year delivered to you
  • - Digital edition of the magazine
  • - Access to premium content
  • - Access to the SJ Archives
  • - Weekly email newsletter
  • - Access to the SJ community online
  • - Advanced search feature
  • - Online support
  • - Access to SJ app- coming soon!
  • - 6 special focuses per year
  • - Special offers on SJ and IICJ events

Corporate User

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on george.miller@solicitorsjournal.com.