Dorothy is the registered proprietor of a large block of Torrens title land in western Sydney. She regularly walks her dogs across a gravel pathway on the property to get to a river where the dogs swim. In 1995 she decides to subdivide the property into 3 lots.

The sales to Susan and Michael are completed on the same day. For the next 22 years Dorothy continues to walk her dogs over Lots 2 and 3 to get to the river and Susan and Michael also use the path to get to the river and the road (where they park their cars). There are no notifications of encumbrances on any of the folios of the 3 lots and the agreement between the three owners is never put into writing.

In 2017 Dorothy sells Lot 1 to Maddison. To make sure that Maddison knows about the neighbourhood arrangement she inserts a clause into the contract of sale between herself and Maddison as follows:

"The purchaser acknowledges that the vendor has agreed with the proprietors of Lots 2 and 3 that dogs may be walked across these Lots and that the proprietors of Lots 2 and 3 may cross Lot 1 to reach the road.

After Maddison becomes the registered proprietor of Lot 1 she erects a fence across her boundary with Lot 2 and is refusing to allow either Michael or Susan to cross her land to reach the road. Although Michael can leave his land via the river, Susan must walk through thick bush and climb a 2 metre cliff to get off her land.

Advise Susan and Michael as to whether they have any rights to cross Maddison's land.