In this continuation of his casenotes regarding the recent judgment in Regency Villas v. Diamond Resorts by the Court of Appeal, Mark West considers (i) whether the easements could exist given that there was no obligation on the defendants to maintain the facilities (ii) whether the judge was right to allow an easement over future facilities (iii) should he have “unpacked” the easements granted and considered each facility separately (iv) what the Court determined in relation to each category of the facilities and the appropriate order on the appeal.

Read Mark West’s article about these issues here.