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ARTICLE · 28 JUNE 2021

Britannia Litigation: Success Or Stalemate?

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The decision is of interest for what it says about what happens to such rights when (1) the hotel and resort cease to operate; and (2) certain of the facilities cease to be usable.

Cayman IslandsReal Estate and Construction
Peter McMaster KC
Peter McMaster KC
Mehreen Siddiqui
Mehreen Siddiqui
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CAYMAN SHORES DEVELOPMENT LTD AND ANOTHER V REGISTRAR OF LANDS AND OTHERS

The Cayman Islands Grand Court has recently delivered a decision concerning rights in respect of residential properties that were developed in conjunction with a resort hotel and sold with the benefit of agreements that entitled the owners (Owners) to enjoy, upon payment of a fee, certain benefits of the resort, namely the right to play tennis on certain tennis courts, to play golf on a golf course and to access certain beach club facilities forming part of the resort (Rights). This pattern of development is seen elsewhere in Cayman and so decisions about the way such rights operate are liable to be closely followed in the property market.

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