🏖️ Boggy Sands Club loses court battle over beach access

Developer Morne Botes and his partners have faced a setback in their battle for beach access at the Boggy Sands Club, a luxury condo development in the Cayman Islands. Chief Justice Margaret Ramsay-Hale ruled that neighbouring landowners have the right to erect a gate to prevent guests at the resort from trespassing on their property. The developers have faced ongoing issues with right of way and access since the condo club was promoted as having direct beach access to a stretch of Seven Mile Beach in West Bay. 🌴

The Boggy Sands Club consists of three lots, but only one, known as the Pool Lot, has a right of way along Windsong Villas Drive. There is no right of way for the other two lots, which house the completed condo buildings. Despite this, guests have been using private land to access the beach, leading to complaints from the resort's neighbours at Windsong Villas. The court found that the owners of Windsong Villa were entitled to "fence their entire boundary" to prevent trespass by the condo resort's guests. 🏖️

In response to the Boggy Sand Club owners' attempt to sue them for erecting a gate, the strata at the Villas said that many holidaymakers were causing a nuisance by veering off the pool lot driveway onto their property. The gate, which is not locked but rolls open and shut on wheels, was installed to indicate that the property was private and not part of the condo resort. The court ruled that the gate was justified and could remain where it was. 🚧