111Subdivision of sub-minimum lots

111 Subdivision of sub-minimum lots

(1)  If an owner wishes to subdivide off land within a building area –

(a) one or more sub-minimum lots which are to be sold or given to one or more adjoining owners without leaving a sub-minimum lot; or

(b) one or more sub-minimum lots which are to be sold or given to one or more adjoining owners leaving a sub-minimum lot to be retained by the owner as part of the adjoining land; or

(c) one or more minimum lots leaving a sub-minimum lot to be retained as part of the adjoining land –

so that each sub-minimum lot and the land to which it is to be added will together form a minimum lot, the owner is to submit to the council a plan of the resulting minimum lot delineating the boundaries of the sub-minimum lot and the adjoining land to which the sub-minimum lot is to be added.

(2)  If 2 or more owners wish to subdivide off their land sub-minimum lots which upon sale or gift to the same purchaser or donee would together give that purchaser or donee a minimum lot, they are to submit to the council a plan of the minimum lot to result from those sales or gifts, delineating the boundaries of the sub-minimum lots which together form the minimum lot.

(3)  A plan under subsection (1) or (2) may include a subdivision, but if it does not, the provisions of Division 2 apply as nearly as possible to the plan as if it were a plan of subdivision.

(4)  For the purposes of subsection (1) , if adjoining land to be added to comprises –

(a) the whole of the land; or

(b) the untransferred balance of land in a Crown grant or folio of the Register under the Land Titles Act 1980 ; or

(c) is a lot on a previously approved plan –

that part of the plan which comprises that adjoining land may be compiled from plans lodged in the office of the Recorder of Titles or registered in the Registry of Deeds.

(5)  Subsection (4) does not prevent the Recorder of Titles from requiring further survey information relating to that adjoining land the Recorder thinks necessary for the proper administration of the before notifying under that the plan is available as mentioned in that section.