Regency Villas Title Ltd v Diamond Resorts (Europe) Ltd

Regency Villas Title Ltd and others (Respondents/Cross-Appellants) v Diamond Resorts (Europe) Ltd and others (Appellants/Cross-Respondents) concerned the interpretation of a freehold easement that granted the owners of a timeshare development the right to use the sporting and recreational facilities of a neighbouring country club. The appeal considered whether the Facilities Grant was capable of amounting to one or more easements. The respondents argued that the grant of the easement was effective and binding, while the appellants contended that the grant did not create any enduring rights in the nature of easements.

The Supreme Court held that the Facilities Grant was capable of amounting to an easement. The Court found that the grant was intended to confer proprietary rights over the facilities, rather than personal rights, and that the grant was of a single comprehensive right to use the complex of facilities. The Court further held that the grant accommodated the dominant tenement and did not amount to an ouster of the servient owner or impose an obligation on the servient owner to expend money or do anything beyond mere passivity.

The Court of Appeal's decision was reversed, and the respondents' rights were restored to their original scope, including the right to use the new swimming pool constructed within the Mansion House. The Supreme Court held that the grant was of a single comprehensive right to use the complex of facilities and that the grant did not limit itself to the facilities that existed at the time of the grant.

In conclusion, the Supreme Court held that the Facilities Grant was capable of amounting to an easement, and the respondents were entitled to the free use of the sporting and recreational facilities within the Park. The Court of Appeal's order for a quantum meruit in favour of the appellants was dismissed.