Land Law, 5729-1969

In this Chapter —

"house" — a permanent structure containing at least two apartments, including the land on which it was built, that is not registered as a common house;

"apartment" — a room or a unit, or a set of rooms or units, intended to serve as a complete and separate unit for residential, business or any other purpose;

"apartment owner" — a person who, under a written agreement, is entitled to be registered as the owner of an apartment in the house, or who is registered or is entitled under a written agreement to be registered as a long-term lessee or a sub-long-term lessee; any person holding an apartment in a house shall be regarded, for the purposes of this Chapter, as an apartment owner, as long as he has not proved otherwise;

"common property" — all parts of the house other than the apartments, including the land, the roofs, the external walls, the foundation, the stairwells, lifts, shelters, and likewise heating or water installations and the like intended to serve all or most of the apartment owners even if situated within a particular apartment.

Sections 56, 57, 58, 59, 59a to 59c, 59e to 59j, 62(a), 65, 68 to 70, 71, 71a to 71d, and 72 to 77, as well as section 1a of the Real Property (Replacement of a Gas Supplier Supplying Gas through a Central Gas System) Law, 5751-1991, and the Schedule to that Law, shall apply to a house under this Chapter, with the necessary modifications.

A house shall be managed in accordance with the model by-laws in the Schedule.

Where a representation has not been constituted in a house in accordance with the provisions of the by-laws, or where the representation is not functioning, the Inspector may appoint a representation for that house, and the provisions of section 77d shall apply, with the necessary modifications, to the appointment of the representation, the fixing of its remuneration and its status.

A house that has been registered in the register of common houses after having been managed under this Chapter shall be subject to the following provisions:

Notwithstanding the provisions of section 13, a specific part of real property may be leased.

Where real property has been leased under a lease that does not require registration and has not been registered, and before it was delivered to the lessee the lessor again leased it to another person under a lease that does not require registration and that conflicts with the first lease, the right of the first lessee is superior; but if the second person leased and took possession of the real property in good faith — his right is superior.

The provisions of this Chapter shall apply, with the necessary modifications, to the right to hold and use real property other than in perpetuity, which has been conveyed without consideration.

Where real property has been mortgaged by mortgages of different ranks and one of them has been redeemed, the owner of the real property may bring in its place another mortgage of the same rank, if such a right was stipulated in the terms of the subsequent mortgage.

The terms of the mortgage shall not have the power to derogate from the right to redeem the mortgaged real property before the date for performance of the debt in accordance with the provisions of section 13(b) of the Pledge Law, 5727-1967; the provisions of this section shall not affect a condition stipulated before the commencement of this Law.

Where the owner of the real property wishes to pay what is due from him under the mortgage but the mortgagee has refused to accept it, the owner of the real property may deposit what is due from him, in whole or in part, with the Registrar and request that the Registrar extinguish the mortgage to the extent that it has been redeemed; the Minister of Justice may make Regulations for the purposes of this section.

Realisation of a mortgage shall be by virtue of a judgment of a court or by virtue of an order of the Head of the Execution Office and in the manner referred to in section 18 of the Pledge Law, 5727-1967.

Subject to the provisions of this Chapter, the provisions of the Pledge Law, 5727-1967 shall apply to a mortgage; however, real property or a registered lease of real property may not be pledged otherwise than by way of mortgage.

An easement may be for the benefit of real property (hereinafter – dominant real property) or for the benefit of a named person, for the benefit of a class of persons or for the benefit of the public.

In the case of an easement for the benefit of a person or a class of persons, the holders of the easement shall not be entitled to transfer their right except with the consent of the owner of the servient real property, unless there is a different provision in the terms of the easement.

An easement is for an unlimited period, unless a period has been fixed for it in the terms of the easement; however, the court may, upon the application of an interested party or the Attorney General, cancel the easement or vary its terms, if it sees fit to do so by reason of non-exercise of the easement or by reason of a change in the circumstances of its use or in the condition of the dominant or servient real property; and the court may award compensation to a person who has suffered harm as a result of the cancellation or variation.

Where the dominant or servient real property has been divided, the easement shall be attached to the plot in respect of which the easement was a right or a burden, as the case may be.

Where real property is in the joint ownership of spouses and constitutes an agricultural holding or a business managed by them jointly or a dwelling used by them as a residence, a spouse shall not be entitled to transfer his or her part to another unless he or she has first offered it to the other spouse.

The obligation to offer real property to the holder of a right of pre-emption as provided in this Chapter shall not apply to a transfer without consideration, except that the right of pre-emption shall not be extinguished and shall apply in respect of a person who acquired the real property without consideration.

A transfer of real property in respect of which a right of pre-emption exists shall not be registered unless the Registrar has satisfied himself that the provisions of this Chapter have been complied with.

The provisions of this Section regarding the transfer of ownership shall apply, to the extent relevant, also to the transfer of a long-term lease.