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Enoch and Sam are the respective owners of two adjacent farms. Two months ago, they concluded an agreement in terms of which Enoch granted to Sam the right to draw 10,000 litres of water per day from a dam on his farm. Last week, Enoch sold his farm to Joseph without informing Sam. The sale took place before the registration of the agreement between Enoch and Sam in the title deeds of their properties in the Deeds Registry. Joseph, who has purchased Enoch's property, now refuses to allow Sam to draw water from the dam on the ground that the agreement between Sam and Enoch are only binding inter partes.
Discuss the nature of the agreement between Enoch and Sam indicating the remedies, if any, that are available to Sam.
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