Question
Virat and Sachin are neighbours. Sachin suggests a driveway be constructed across the front of both properties, which would give them both off-street parking. He
Virat and Sachin are neighbours. Sachin suggests a driveway be constructed across the front of both properties, which would give them both off-street parking. He suggests that, if Virat agrees to Sachin having access across his property for the purposes of the project, Sachin will pay for the necessary consents from the local council. Virat agrees but nothing is written down. (Note that the right of way across Virat's land is an "interest in the property" in law). Sachin arranges and pays for the necessary surveys and plans and submits the application to the local council with the prescribed fee. The application is successful.
When Sachin approaches Virat to discuss getting quotes for earthmoving etc., Virat says he has changed his mind because he is planning to sell his property and has been advised that having a right of way across the land will substantially reduce the expected price. In any case, he adds, their agreement is unenforceable.
Required:
Advise Sachin, with reasons, whether he would be able to enforce the agreement with Virat to allow the driveway to be built.
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