If before final approval has been obtained, any person transfers
or sells or agrees to sell, as owner or agent, any land which forms
a part of a subdivision which, by ordinance, the Planning Board, or
the Planning Board and the governing body, or either of them are required
to act, such person shall be subject to a fine not to exceed $1,000
or to imprisonment for not more than 30 days, and each parcel, plot
or lot so disposed of shall be deemed a separate violation. (N.J.S.A.
40:55D-55)
In addition to the foregoing, if the streets in the subdivision
are not such that a structure on said land in the subdivision would
meet requirement for a building permit under N.J.S.A. 40:55D-1 et
seq., as amended, 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 any such action, the transferee, purchaser or grantee 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
or transfer, sale or conveyance of said land or within six years if
unrecorded.