330   Exceptional case of subdivision

Where, after the erection of a building on land the property of one owner, it is found that such building encroaches upon land the property of another owner to the extent of not more than 900 millimetres, and where the encroaching owner desires to purchase the land upon which the encroachment stands, the council shall, upon the application of the owner of the land which is encroached upon, and upon satisfying itself that there has not been collusion, but that everything has been done in good faith without intention to evade the law, approve of the necessary subdivision.