A long-standing dispute between Britannia residents and Dart Enterprises heads to court.
The disagreement surrounds the registration of restrictive agreements residents signed onto when they acquired Britannia properties.
On Friday (25 January) Dart filed an application in Grand Court seeking a declaration on the correct legal status of restrictive agreements.
According to a Dart statement on the matter when the acquired properties were first developed some of the restrictive agreements provided golf, tennis and beach access to the residents and those were registered against the title to the properties.
In 2016 Dart bought the former Hyatt properties including beach suites and the Britannia golf course. Dart is asserting the then registrar of lands improperly performed his duties by registering the agreements on the relevant property registers.
This court action comes after two years of negotiations between the parties to come to an agreement on the issue.
Read the full Dart statement here:
In 2016, Dart acquired the former Hyatt properties which include the site of the Beach Suites and the Britannia golf course. When the acquired properties were first developed, some restrictive agreements that provided golf, tennis and beach access to the residents of Britannia were registered against the title to the properties.
There has been a disagreement between Dart and the Britannia residents as to the correct legal status of the restrictive agreements. Over the course of the last two years, there have been meetings and communication between Dart and Britannia representatives to discuss options for resolution of the issue, but the parties failed to reach an agreement.
On Friday 25 January 2019 Dart filed an application in the Grand Court seeking a declaration as to the correct legal status of the restrictive agreements. Prior to filing the application, Dart wrote to the Britannia residents advising of Dart’s intention to file legal proceedings. This proceeding will permit the participation of the three Britannia strata corporations and all Britannia land owners who choose to participate.
Dart asserts in its legal application that the then Registrar of Lands improperly performed his legal duties by registering these types of agreements on the relevant property registers and that Dart is entitled in law to have the restrictive agreements removed from the property registers of the acquired properties.
The Cayman Islands has a reliable and respected land titles system which has been at the core of the jurisdiction’s appeal to both local and international property investors. In addition, Cayman courts are internationally recognized for delivering fair and thorough decisions in complex disputes.
Dart has every confidence that the Grand Court will appropriately consider and decide the important legal issues involving the restrictive agreements and that such decision will give clarity to what Dart regards as an open legal issue in this jurisdiction. As legal proceedings have now commenced, further updates, if any, will only be made in circumstances which will not improperly interfere with the Court’s consideration of the application.