Land Law, 5729-1969

In this Law –

"Planning and Building Law" – the Planning and Building Law, 5725-1965;

"real property" – land, all that is built and planted thereon and any other thing permanently affixed thereto, except for fixtures that are detachable;

"settled real property" – real property that has been registered following settlement under the Real Property Rights Settlement Ordinance [New Version], 5729-1969;

"registration" – registration in the real property registers maintained under this Law or the Regulations made thereunder;

"Registrar" – a Registrar appointed under section 116 for the office in whose area of operation the real property in question is situated, including a deputy Registrar appointed to that office and a person authorised with the powers of a Registrar under section 116;

"Inspector" – an Inspector appointed under section 117 in whose area of jurisdiction the real property in question is situated;

"Superintendent of the Registry" – including a deputy Superintendent of the Registry and a person authorised with the powers of a Superintendent of the Registry under section 118;

"lease" – including a sub-lease.

Ownership of real property is the right to possess real property, to use it and to do with it anything and any transaction, subject to restrictions under law or under agreement.

A lease of real property is a right granted for consideration to possess real property and to use it otherwise than in perpetuity; a lease for a period exceeding five years shall be called a "long-term lease"; a lease for a period exceeding twenty-five years shall be called a "perpetual long-term lease".

A mortgage is a pledge of real property.

An easement is a charge (security interest) on real property for the benefit of enjoyment, unaccompanied by a right to possess it.

A transaction in real property is the conveyance of ownership or of another right in real property according to the will of the grantor, except for inheritance by will.

An undertaking to carry out a transaction in real property requires a written document.

Where a person undertook to carry out a transaction in real property and, before the transaction was completed by registration, undertook again towards another person to carry out a conflicting transaction, the right of the party to the first transaction shall prevail; however, if the second party acted in good faith and for consideration and the transaction in that party's favour was registered while that party was still acting in good faith – that party's right shall prevail.

A person who acquired a right in registered real property for consideration and in reliance in good faith on the registration shall have valid title to that right even if the registration was not correct.

Ownership of an area of land extends to the full depth beneath the surface of the land, subject to laws concerning water, petroleum, mines, quarries and the like, and it extends to the airspace above it; however, subject to any law, this shall not prevent passage through the airspace.

Ownership of land applies also to all that is built and planted thereon and to any other thing permanently affixed thereto, except for fixtures that are detachable, and it makes no difference whether the fixtures were built, planted or affixed by the owner of the real property or by another person.

A transaction in real property applies to the land together with all that is enumerated in sections 11 and 12, and a transaction in a particular part of real property shall have no effect, all subject to any other provision in this Law.

Ownership and other rights in real property do not in themselves justify doing anything that causes damage or inconvenience to another.

In this Section –

"Planning and Building Law" – (deleted);

"three-dimensional parcel" – a volumetric unit whose boundaries are registered in three-dimensional form, situated in the depth beneath the land or in the airspace above it, within registered real property.

Ownership of registered real property within whose boundaries a three-dimensional parcel is registered extends in accordance with the provisions of section 11, except within the extent of ownership of the three-dimensional parcel as referred to in section 14b.

Without derogating from the provision at the end of section 13, a three-dimensional parcel shall constitute a separate subject of ownership, of rights in real property and of transactions.

Without derogating from the provisions of section 143 of the Planning and Building Law, a division of land that includes a three-dimensional parcel shall not be registered in the real property registers, and a judgment for the division of land as aforesaid among its co-owners shall not be given, except pursuant to one of the following:

The registration of a three-dimensional parcel shall not derogate from the possibility of managing or registering a common house in that parcel in accordance with the provisions under this Law.

Every provision of this Law and every law applicable to real property shall apply also to a three-dimensional parcel, with the necessary modifications, unless expressly provided otherwise.

In this Section, "possessor" – whether direct control of the real property is in his hands or whether direct control thereof is in the hands of a person who possesses on his behalf.

An owner of real property and a person entitled to possess it is entitled to demand delivery of the real property from any person who possesses it unlawfully.

A possessor of real property is entitled to demand from any person who has no right to do so that he refrain from any act that constitutes interference with the use of the real property and that he remove anything that constitutes such interference.

A person who takes real property from a possessor otherwise than as provided in section 18(b) is obliged to return it to the possessor; however, nothing in this provision shall derogate from the power of the court to adjudicate upon the rights of both parties simultaneously, and the court is entitled to regulate possession, to such extent as appears to it just and on such conditions as it thinks fit, until a determination is made on their rights.

Nothing in the provisions of sections 16 to 19 shall derogate from any right to compensation or from any other remedy or relief under law.

If the owner of the real property did not choose one of the courses referred to in section 21(a) within six months after receiving a written demand from the erector to choose, he shall be deemed to have chosen to retain the fixtures.

The court is entitled, if it considers it just in the circumstances of the matter, to order the erector to pay the owner of the real property a reasonable fee for the period during which the erector possessed the fixtures unlawfully.

The court is entitled to permit the owner of the real property to pay the erector his investment or the value of the fixtures in instalments and on such conditions as the court shall determine, including interest and security for the payment; and the same applies to amounts due to the owner of the real property under sections 23 or 24.

Debts owed by the owner of the real property and the erector to each other under this Chapter may be set off.

Where real property belongs to several owners, the ownership of each of them according to his share extends throughout every part of the real property and no co-owner has a specific portion therein.

The shares of each of the co-owners in the real property are presumed to be equal.

A co-owner who has used co-owned real property is liable to the other co-owners, in proportion to their shares in the real property, for reasonable remuneration for the use.

Every co-owner is entitled to a share of the fruits of the co-owned real property in proportion to his share in the real property.

Debts owed by co-owners to one another by reason of the co-ownership are subject to set-off.