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Rohan inherited a large mansion in the eastern suburbs of Sydney from his grandmother. It has a huge, wide driveway and a two-car garage. He

Rohan inherited a large mansion in the eastern suburbs of Sydney from his grandmother. It has a huge, wide driveway and a two-car garage. He does not need all the garage space. His long-time friend Mark owns a studio apartment in the apartment block next door. Mark does not have a car park on title. So, he asks Rohan if he could use the garage on Rohan's property. Mark suggests that they should enter into a formal arrangement, and he will pay Rohan for the car park. They agree on $50,000 for a car park in the garage. They enter into a formal agreement for the use of the car park by Mark and both parties sign the document. One of the clauses in the agreement states:-

"The Grantor, [Rohan] grants the Grantee [Mark] a car park in the garage located on the said property. The Grantor also grants to the Grantee a right of way on the said property to access the car park.

Soon after this Mark sells the apartment. He is tired of living in a small space and he can get a good price for the apartment now that he has the car park. The document signed by Mark and Rohan regarding the car park is attached to the sale of land contract. The purchaser of Mark's apartment called Lisa is aware of the car park and it is one of the reasons she bought the apartment. Soon after this Rohan decides to sell the property. In the contract of sale, he too attaches the original agreement with Mark regarding the car park. He also tells his property lawyer to advise the purchaser of the agreement in relation to the used of the car park. The lawyer does this. Rohan's lawyer also advises to include a clause in the contract of sale referring to the arrangement in relation to the use of the car park. The purchaser agrees to include a clause expressly recognising the existence of the prior agreement in relation to the use of the car park in the garage on the property.

The new owner of the mansion who is a property developer called Paul has now registered his interest on title as registered proprietor. He wants to demolish the property and develop it. He has sought town planning permission. The first time Lisa hears of this is when she sees the town planning application on the front of the property where she goes in to park her car. Lisa is furious she paid good money for the apartment because of the car park.

Lisa wants to register her interest in relation to the use of the car park on title. She believes it is a registerable interest under the Land Title Act 1994 (Qld). Advise Lisa whether it is registerable and if so what sort of interest is it.

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