If, before final approval has been obtained, any person transfers or
sells or agrees to transfer or sell, except pursuant to an agreement expressly
conditioned on final subdivision approval as owner or agent, any land which
forms a part of a subdivision on which, by ordinance, the Planning Board is
required to act, such person shall be subject to a fine not to exceed one
thousand dollars ($1,000.), and each lot disposition so made may be deemed
a separate violation.
In addition to the foregoing, the city may institute and maintain a
civil action:
B. To set aside and invalidate any conveyance made pursuant
to such a contract of 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 deposits made or purchase price paid, and also
a reasonable search fee, survey expense and title closing expense, if any.
Any such action must be instituted within two (2) years of the date of the
recording of the instrument of transfer, sale or conveyance of said land,
or within six (6) years if unrecorded.