Virat and Sachin are neighbours. Sachin speaks to Virat about obtaining a right of way easement across part of Virat$’$s land. Earthmoving will be necessary to construct the right of way, which will give each of them vehicle access to the rear of their properties, which neither currently has.

Sachin suggests that, if Virat agrees to the easement, Sachin will pay:

$•$ the necessary survey fees; and

$•$ the necessary local council consent fees; and

$•$ all legal fees and disbursements to have the easement registered on each of their land titles;

and

$•80\%$ of the earthmoving and other costs to construct the right of way.

Virat agrees and they shake hands, but nothing is written down. Subsequent to this agreement,

Sachin:

$•$ arranges and pays for the necessary surveys and plans; and

$•$ submits the application to the local council with the prescribed fee.

The application to the local council is approved. Subsequent to this approval, Sachin:

$•$ obtains three quotations for earthmoving and other construction work necessary to form the right of way; and

$•$ enters into an unconditional contract with Versatile Garages Ltd for the erection of a double garage on his land, vehicle access to which will be possible only via the right of way over Virat$’$s land; and

$•$ pursuant to that contract, pays a $50\%$ non$-$refundable deposit to Versatile Garages Ltd$.$

Sachin approaches Virat to produce his land title for registration of the easement and to discuss the quotations for earthmoving and other construction work. Virat says he has changed his mind because he is planning to sell his land and has been advised that having an easement across the land may substantially reduce the expected sale price.

Advise Sachin, with reasons, whether he can enforce the agreement with Virat.