No pain, no gain: principle of mutual benefit and burden applies in holiday village case

This case concerned a holiday village of bungalows in Cornwall. In around 1988, the developer sold the bungalows with the benefit of a right to use the footpaths, access roads, car parks and some recreational facilities in the village (the Common Parts). In turn, the developer promised to maintain the Common Parts and the sewer system and to paint the outsides of the bungalows. The original owners of the bungalows agreed to pay an annual sum in respect of the developer’s costs of maintenance of the Common Parts.

From 1989 onwards, the ownership of the village changed hands a number of times and fell into a state of disrepair. Kerdene Ltd purchased the holiday village in 2000 and made great efforts to bring the village back into a proper state of repair. Kerdene sought to recover the cost of the maintenance works it carried out under the terms of the original transfers. However, by 2000 the majority of the individual bungalows had been sold and were no longer owned by the original owners who had agreed to pay towards the maintenance costs. Many of the current owners refused to pay and Kerdene issued proceedings against them…

If you are registered and logged in to the site, click on the link below to read the rest of the Mills & Reeve briefing. If not, please register or sign in with your details below.


Sign in or Register to continue reading this article

Sign in


It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer


Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.


Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.


Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Analysis from The Lawyer

  • head1

    LPOver and out?

    The trend for unbundling legal work is advancing through the law firm ranks but there is still resistance in some quarters - namely in-house. We asked why


Fountain House
130 Fenchurch Street

Turnover (£m): 79.50
No. of lawyers: 367