Land promised in exchange for an access road: title transfer ordered
The court ordered the neighbour to transfer the 1,168 m2 plot promised in return for using our client's land as an access road, even though the neighbour had not finished the development.
How the case unfolded
Background
A neighbouring landowner needed our client's land as an access road for a housing development and agreed in return to subdivide and transfer part of his own land to our client. He failed to finish the works by the agreed deadline and never carried out the subdivision or transfer.
Issues and ruling
The court read the agreement to mean that missing the deadline only ended our client's permission to use the land, while the neighbour's duty to transfer the plot remained. The delay was the neighbour's responsibility, and continued use of the road would require fresh consent.
Outcome
The neighbour was ordered to register the transfer of the agreed 1,168 m2 to our client and to bear the costs.
This is the outcome of an individual case and does not guarantee the same result in similar matters. Some facts have been generalized to protect the parties involved.
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