Where a contract for sale of land on an unregistered plan of subdivision contains special conditions requiring the purchaser at its own cost and expense to prepare the plan and use best endeavours to procure registration, and the vendor's obligation is limited to cooperation and best endeavours to assist, the financial obligations associated with registration (including payments to referral authorities for service agreements) fall on the purchaser, notwithstanding that the planning permit and statutory scheme impose those obligations on 'the owner of the land'. The contractual allocation between the parties prevails over the statutory designation of the 'owner' as the obligated party.
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