*Regency Villas Title Ltd and others v Diamond Resorts (Europe) Ltd and others

Real property – Easements. The lead given by the principled analysis of the Court of Appeal, Civil Division, in Ellenborough Park, Re, Re Davies, Powell v Maddison[1955] 3 All ER 667should be affirmed by a clear statement that the grant of purely recreational (including sporting) rights over land which genuinely accommodated adjacent land could be the subject matter of an easement, provided always that they satisfied the four well-settled conditions. Consequently, the Supreme Court dismissed the appellants' appeal but allowed the respondents' cross-appeal in relation to their right to use all such recreational and sporting facilities as might be provided from time to time within the leisure complex at issue.

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