Miriam Mayflower was the registered owner of a large block of rural land near Gatton, Queensland. The land adjoins Robertson Road. In 2019, Miriam lodged a plan of subdivision that divided the land into two lots - Lot 1, on which Miriam's house stood, and Lot 2, which was a vacant block of land located immediately to the north of Lot 1 that Miriam had previously used to conduct a small farm. The plan was registered and separate titles were created for each lot. On 30th October 2019, a transfer of Lot 2 naming Miriam as transferor and Nicholas Norris as transferee was registered. As Lot 2 had no access to Robertson Road, Miriam and Nicholas subsequently entered into a written agreement (separate from the contract of sale for Lot 2), which stated as follows:-

In consideration of the payment of $10,000 by Nicholas Norris ('the purchaser') to Miriam Mayflower ('the vendor'), the vendor grants to the purchaser and his invitees, assignees and transferees a right to pass over the area indicated in red on the plan attached to this agreement either, whether by foot, motor vehicle or other means.

On the plan attached to the agreement, a rectangular strip of land five metres wide along the eastern side of Lot 1 extending from the southern boundary of Lot 2 to Robertson Road is shaded in red. This plan was never registered and no other documentation relating to this agreement was ever lodged for registration. The strip of land is not paved or gravelled.

At the southern end of Lot 1, near Robertson Road, there is a small kiosk, which Miriam had formerly used to sell fruit grown on her farm. On 1st October 2021, Miriam made an oral agreement with Olive Ogilvie that Olive would have the 'exclusive right' to use the kiosk to operate a roadside takeaway coffee shop for three years from the date of the agreement. Olive agree to pay $800 per month for use of the kiosk. Miriam gave Olive permission to install locks on the entry door of the kiosk and on the shutters on the front counter. Olive also, with Miriam's permission, made some other improvements, including connection of electricity and plumbing and installation of a sink, a refrigerator and an espresso machine.

On 1st July 2022, Miriam made a contract to sell Lot 1 to Peter Purchase. Peter had inspected Lot 1 on Tuesday 28th June, at which time Olive's coffee shop was open. Peter and Olive had a conversation during which Olive informed Peter of her arrangement with Miriam. Peter did not meet Nicholas and has not had any communications with him.

On 1st August 2022, Peter received a transfer signed by Miriam and naming Miriam as transferor and himself as transferee. Later that day, before Peter could have the transfer registered, Nicholas lodged a caveat claiming an interest in Lot 1 on the basis of his written agreement with Miriam.

Advise Nicholas and Olive whether they have interests in Lot 1, what those interests are and whether those interests take priority over Peter's interest as purchaser.