Residents of a prestigious Holland Park property in west London are engaged in a legal dispute over plans to construct a basement cinema and gym beneath their shared garden. The conflict involves 51 Holland Park Residents Ltd, representing the freehold and leaseholders, and Montana International Properties Ltd, an offshore company that owns a ground-floor flat in the building.

The Victorian five-storey house, located on a street known for its high-value homes—some recently sold for over £3 million and situated near the residences of celebrities including the Beckhams, Sir Elton John, and Robbie Williams—is the setting for the case, which is currently proceeding at London’s High Court. The key issue before Master Francesca Kaye is whether the ownership of the garden extends beneath the surface soil "to the centre of the Earth," a point that determines the extent to which Montana International Properties Ltd may excavate to build the proposed basement.

Directors Piers Calvert and Lisa Erickson, who act on behalf of the freehold company and live in the building’s attic flat and maisonette respectively, contest Montana’s rights to dig beyond a depth reasonably necessary for the garden’s use. They argue that although Montana holds planning permission for the basement, the subsoil beneath the garden exceeds the boundaries of the property according to their interpretation of the lease.

Barrister David Nicholls, representing 51 Holland Park, explained that the term "garden" in Montana’s lease does not imply ownership of the subsoil at considerable depths. He stated, “The demise of the garden does not carry with it the subsoil to the centre of the earth or to any level beyond that reasonably required for use as a garden.” He added that while freehold ownership traditionally includes land up to the sky and down to the earth’s center, this presumption does not automatically extend to leasehold agreements. Instead, the language of the lease and its context must be examined.

The argument hinges on whether the lease language describing the space as a "garden" limits Montana’s rights beneath the surface, as opposed to terms like "land," which could imply broader rights. After three days of hearings, Master Kaye has reserved her judgment, with a ruling expected at a later date. The outcome will set a significant precedent regarding subterranean property rights in leasehold urban settings.