110Adhesion orders

110 Adhesion orders

(1)  Except as provided in subsection (2) , the council may make an adhesion order if a block –

(a) has the qualities of a minimum lot; and

(b) comprises 2 parcels or more that may, without the approval of any plan by the council, lawfully be sold separately so as to create a block which –

(i) would not have the qualities of a minimum lot; and

(ii) is, or in the opinion of the council is likely to be, built on or bought for building.

(2)  Subsection (1) does not apply to a block the parcels in which –

(a) are the sites and grounds of buildings designed for separate occupation; or

(b) have at any time been owned separately by persons who did not then own adjoining land.

(3)  If an owner of a block referred to in subsection (1) seeks approval for building on that block which could be refused because a parcel in that block was owned by another person, the council after notifying the owner, may make an adhesion order if the approval is given.

(4)  An adhesion order is an order of the council that the parcels comprised in the block subject to the order are not to be dealt with so that they come into the possession of different persons for an estate of freehold at law or in equity or for a term at law or in equity of 3 years or more.

(5)  An adhesion order made under subsection (1) or (3) is to be –

(a) served by the council on all persons appearing from the records in the Registry of Deeds or the Land Titles Office to have a legal estate in, or power of sale over, the land subject to the order; and

(b) registered –

(i) under the Land Titles Act 1980 ; or

(ii) in the Registry of Deeds as if it were a judgment.