Question
The construction of a golf course will be surrounded by luxury homes. The off-plan property gives homeowners access to the golf course from their backyard.
The construction of a golf course will be surrounded by luxury homes. The off-plan property gives homeowners access to the golf course from their backyard. Therefore, the prospective homeowner has the right to enter the course for private recreational purposes. These pursuits are recorded. However, the property will soon be sold to a third party. Due to insurance and maintenance costs, the new owners do not wish to allow access. Explain using Property Law in Western Australia, citing sections of the law and case law, whether the home owner will retain their right to the golf course.
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