Question
Mr and Mrs Windsor owned a cattle station in Central Queensland. The property had been in Mr Windsor's family for five generations but the Windsors
Mr and Mrs Windsor owned a cattle station in Central Queensland. The property had been in Mr Windsor's family for five generations but the Windsors had hit hard times with the bushfires. They lost most of their stock and produce. The Windsors decided to sell their beloved farm property to Mr Spencer. The sale was subject to Mr Spencer granting the Windsors a lease of the property for seven (7) years. The contract of sale also provided that after the seven (7) year lease period the Windsors had a right to repurchase the property.
Soon after this, Spencer sold the property to Mr and Mrs Miller. They were willing to pay a high price for the property. It was an offer that Spencer felt he could not refuse. Spencer told the Millers about the Windsors' agreement.The Millers said to Spencer "we will honour the agreement with the Windsors." Spencer also ensured that there was a term in the contract of sale to the Millers about the agreement with the Windsors. The term read as follows:
The purchaser of the said land acknowledges the existence of an agreement between the vendor and Mr and Mrs Windsor who at the time of writing reside on the land.
The Millers however, after being registered on title refused to honour the agreement with the Windsors. The Windsors are now facing an eviction notice issued to them by the Millers.
1 (a)The Windsors now seek your legal advice regarding their rights, including their right to compensation (if any) under theLand Title Act Qld(1994). In your answer you must refer to case law and/or relevant legislation studied in the subject.
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