(d) the
separate area that the lot comprises corresponds with the separate area the
transferee had a right to occupy immediately before surrendering the
transferee’s shares; and
(e) the separate area that the lot comprises has
been used for residential purposes immediately before the transferee
surrendered the transferee’s shares and will, after registration of the plan
and the transfer of the lot to the transferee, be used for residential
purposes.
(ii) the corporation’s constitution provided,
and on and from the commencement day continues to provide, that a person who
holds the shares has the right to occupy the separate area mentioned in
subsection (1) (d) ; or