Rights of way in the Cayman Islands: Getting your house in order

Imagine you've bought a beautiful home that requires you to cross your neighbour's land to get to the beach. This situation involves what's called a 'right of way', a specific type of easement.

An easement is a legal right to use another person's land for a particular purpose, and a right of way is a common example that allows passage across that land. Despite the straightforward nature of rights of way, a recent legal case underscores the importance of ensuring these agreements are clearly documented.

The case involved a condo resort called Boggy Sands Club and its neighbouring property, Windsong. The resort and its guests used a path across Windsong to access the beach, which led to increased foot and vehicle traffic. This caused disturbances for Windsong's residents, prompting them to erect a gate and ultimately leading to a legal dispute.

The situation gets more complex considering the resort's layout. Boggy Sands Club spans two main parcels, along with a separate piece of land featuring a pool, known as the Pool Lot. While the Pool Lot had a documented right of way through Windsong to the beach, the question arose: Did the rest of the resort have the same right?

Chief Justice Ramsay-Hale ruled that the right of way specific to the Pool Lot could not be extended to cover the entire resort. She referenced English law to support the decision, explaining that a right of way granted for a specific piece of land cannot be assumed to apply to additional parcels owned by the same entity. Thus, the resort's other lands (containing the condos) were not legally entitled to use the path through Windsong.

This case highlights the critical role of precise legal documentation for property rights, especially for easements such as rights of way. It serves as a reminder that clear, legally binding agreements are essential to avoid disputes and ensure access rights are understood and respected.

In summary, when it comes to rights of way or any easements on your property, consulting with a property law expert is invaluable. Proper documentation can prevent misunderstandings and legal challenges, ensuring your access rights remain secure.

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Disclaimer

This client briefing has been prepared for clients and professional associates of Ogier. The information and expressions of opinion which it contains are not intended to be a comprehensive study or to provide legal advice and should not be treated as a substitute for specific advice concerning individual situations.

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