A lease is not void for uncertainty merely because a plan annexed to it omits hatching identifying the approximate boundaries of the leasehold land, where the lease contains a mechanism (obligation on one party to prepare a final plan, with expert determination of disputes) enabling the land to be identified without further agreement. A broadly drafted 'right of use' over common areas of retained land in an option to purchase clause is more properly construed as a contractual licence than an easement, particularly where the scope of the right is uncertain, compliance with s 88(1) of the Conveyancing Act 1919 (NSW) would be difficult, and the parties are unlikely to have intended the right to run with the land.
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