In the Supreme Court in London, it adjudicate over a question of whether a ‘timeshare property’ can grant an easement on a neighbouring property.
When the timeshare owners of the resort at Regency Villas in Barham, Kent, were told to start paying for the use of neighbouring Broome Park’s sporting facilities, which they had been using for free, consumers took the case to Court. The Defendant in this matter was Diamond Resorts who was the freehold owner of Broome Park at the time the original grant was given. They contended that the original grant permitting the timeshare owner the right to use the sporting equipment was not an incorporated or transferable right to the free use of that sporting equipment.
Its case was based on the Roman legal doctrine that a right to wander for enjoyment is not a right to use the land for free and is not a right that can be passed and/or assigned. The Supreme Court, however, felt differently and ruled against Diamond Resorts by giving a 21st-century spin on this ancient legal principle, in what has been described as a true landmark decision which will affect leisure facilities, hotels and potentially even mixed-use schemes.
Posted on: 30th November 2018