Where a 1989 development restriction imposed by DEP under the Coastal Area Facility Review Act was not recorded or placed in the master deed, the policies underlying the Recording Act outweigh those reflected in CAFRA, and the purchaser of the lots subject to the restriction is not bound by it; any possible infringement on CAFRA that might result will be limited since the DEP has taken steps to assure that CAFRA deed restrictions properly are recorded in the future.
May 10, 2004 at 12:00 AM
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