Keeton v Graham - [1964] NZLR 99

Contract — Sale of land — Contract containing option to purchaser to take right of way over other land owned by vendor — Consent of local authority to grant of right of way obtained after date of contract but before settlement date — Whether need to obtain consent disclosing a lack of title in vendor — Whether contract illegal — Whether option regarding right of way severable from principal contract — Whether whole contract void for uncertainty

Local government — Municipal corporations — Contract for sale of land — Option to grant right of way — Consent of Borough Council not obtained — Whether option illegal and void — Municipal Corporations Act 1954, ss. 180, 181

Sale of land — Vendor and purchaser — Contract for sale of land — Contract containing option to purchaser to take right of way over other land owned by vendor — Consent of local authority to grant of right of way obtained after date of contract but before settlement date — Whether need to obtain consent disclosing a lack of title in vendor — Whether contract illegal — Whether option for right of way severable from principal contract — Whether whole contract void for uncertainty.