In addition to the foregoing section, if the
streets in the subdivision are not such that a structure on land in
the said subdivision would meet the requirements for a building permit
under the Official Map and Building Permit Act (1953) (N.J.R.S. 40:55-1.30
to 1.42), the city may institute and maintain a civil action:
B. To set aside and invalidate any conveyance made pursuant
to such a contract or sale if a certificate of compliance has not
been issued in accordance with Section 24 of Chapter 433 of the Laws
of 1953 (N.J.R.S. 40:55-1.24).
In any such action, the transferee, purchaser
or grantees shall be entitled to a lien upon the portion of the land
from which the subdivision was made that remains in the possession
of the subdivider or his assigns or successors, to secure the return
of any deposit made or purchase price paid, and also a reasonable
search fee, survey expense and title-closing expense, if any. Any
such action must be brought within two years after the date of the
recording of the instrument of transfer, sale or conveyance of said
land, or within six years if unrecorded.