(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.

(6)  A contravention of subsection (5) (a) may give rise to an action for damages but does not alter the effect of the order.

(7)  If an adhesion order is made under subsection (1) or (3) , the Recorder of Titles is to –

(a) bring under the provisions of the Land Titles Act 1980 that part of the land subject to the order that is not under that Act; and

(b) for that purpose is to as far as possible proceed as if an application to bring that land under that Act had been made under section 11 of that Act with all necessary consents by a person competent to make an application for that purpose; and

(c) register one folio of the Register for all the land and record the adhesion order on the folio; and

(d) call in and cancel certificates of title to parts of the land.

(8)  Until land has been brought under Land Titles Act 1980 , the registration of an adhesion order in the Registry of Deeds operates to deprive of all effect any subsequent agreement or assurance except as provided in subsection (10) .

(9)  In creating a folio of the Register which is supported by a plan of any land, the Recorder of Titles is not to indicate on that plan the boundaries of the parcels which the land formerly comprised.

(10)  An adhesion order does not affect rights under an instrument registered before the adhesion order, even though by the exercise of a power of sale or right of purchase, or otherwise, the lands subject to the order may be separated in ownership.

(11)  The council may discharge or modify any adhesion order by an order registered under the Land Titles Act 1980 .