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ARTICLE · 25 JANUARY 2019

Recreational Easements

Regency Villas Title Ltd and others v Diamond Resorts (Europe) Ltd and others [2018] UKSC 57

United KingdomReal Estate and Construction

Regency Villas Title Ltd and others v Diamond Resorts (Europe) Ltd and others [2018] UKSC 57

Facts

In 1979, Gulf Investments Ltd acquired Broome Park ("the Park"), a substantial country estate near Canterbury, for the purposes of developing a timeshare and leisure complex around a large 17th century Grade 1 listed house ("Mansion House"). The development scheme originally included the creation of 18 timeshare apartments alongside a communal club house and additional recreational facilities including an outdoor heated swimming pool, tennis and squash courts and an 18-hole golf course.

Following the early success of the Mansion House development, Gulf Investments created a second timeshare development on adjacent land they had recently acquired ("Elham House"). Elham House was transferred as a freehold to Elham House Development Ltd, another member of the Gulf Group, on 11 November 1981. Elham House was subsequently transferred to the members of the Regency

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