An easement is the right to use someone's land for your own benefit, for example driving over your neighbour’s driveway to access your own, or running pipes under neighbouring land.

In a recent case, the court had to decide whether the right to use a golf course, swimming pool or tennis court was an easement.

In the 1970s, Gulf Investments built a timeshare development on parts of the Broome Park Estate, a large country house in Kent. Leisure and community facilities were built, including a swimming pool, a golf course and tennis courts, etc. In 1981, the estate was transferred to Regency Villas, and the owners were given the right, from time to time, to use the facilities on the adjoining Broome Park Estate.

Gulf Investments was originally obliged to maintain the facilities. However, the transfer did not bind its successors and the current owners of the park were not obliged to pay for maintenance.

The facilities began to fall into disrepair and the outdoor swimming pool that had existed at the time of the 1981 transfer was filled in and replaced with an indoor one that Regency Villas were not permitted to use.

A dispute arose and Regency Villas brought legal action, arguing that they were entitled by way of easement to the free use of all the sporting and recreational facilities provided within the park.

The Supreme Court decided in favour of Regency Villas. This decision is important because it has extended the law to recognise sporting facilities as a new area of easement, confirming that the categories of easements are not closed and that further novel cases may arise in the future.

  • David Marsden is a Partner in the Commercial Property team at award-winning law firm VWV, with offices on Clarendon Road, Watford.