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Land Law, 5729-1969

חוק המקרקעין, תשכ"ט-1969

Published: 1969-07-27Consolidated Hebrew text as of 2024-07-08 · Last amended 2024-07-04✓ Amendment status checked against the Knesset legislation record on 2026-09-28
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Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More

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Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.

The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.

This translation is provided for informational purposes only and does not constitute legal advice. For use in legal proceedings, request a certified Expert Legal Opinion.

Chapter VIII: Public Lands and Designated Lands

Definitions§

107.

In this Chapter –

"public lands" – Israel lands within the meaning of Basic Law: Israel Lands, and real property of a local authority or of a corporation established by legislation;

"designated lands" – public lands designated for the benefit of the public, being –

(1)the seashore, including real property within the bounds of a harbour;
(2)rivers, streams and canals and their banks;
(3)roads and railways, including real property serving as railway stations;
(4)airports;
(5)other categories of public lands determined by Regulations, with the approval of the Interior and Environmental Protection Committee of the Knesset, as designated lands for the purposes of this Chapter.

Submarine Real Property§

108.

Real property situated beneath the coastal waters of Israel and real property situated beneath the inland lakes of Israel belong to the State and form part of the public lands.

Registration of Designated Lands§

109.

In the registration of designated lands, their status as designated lands shall be indicated.

Conversion of Designated Lands into Public Lands§

110.
(a)Designated lands shall not be converted into public lands that are not designated lands unless the Government or the Minister designated by it for that purpose has approved that they have ceased to serve their designated purpose; notice of the approval shall be published in Reshumot (Official Gazette) and the indication of the real property as designated lands shall be deleted.
(b)Notwithstanding the provisions of subsection (a), designated lands shall be converted into public lands that are not designated lands and shall be registered accordingly if they were designated to serve other than as designated lands under one of the following plans:
(1)a plan finally approved under the Planning and Building Law;
(2)a plan finally approved under the Public Housing Registration Law (Temporary Provision), 5724-1964.

Prohibition of Transactions in Designated Lands§

111.

In designated lands, no transaction requiring registration shall have effect, no enforcement Order shall be granted in respect of an undertaking to carry out such a transaction, and no notation shall be registered in relation to such an undertaking, unless the transaction or the undertaking has been approved by the Government or the Minister designated by it for that purpose.

Non-application§

112.

Section 23 shall not apply to public lands.

Limitation§

113.
(a)There is no limitation in respect of designated lands.
(b)To the extent that under this Law limitation applies to public lands that are not designated lands, the limitation period shall not commence before the day on which they were registered in the name of their owners.
(c)Section 94 shall not apply to public lands.

Savings Provisions§

114.

The provisions of this Chapter are intended to add to the provisions of Basic Law: Israel Lands, the Israel Lands Law, 5720-1960, and any other law applicable to public lands or to a category of public lands, and not to derogate from them.

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Chapter IX: The Registry

Section A: General Provisions

Registry Office§
115.

The Minister of Justice shall establish Land Registry Offices and shall determine their areas of operation.

Registrars§
116.
(a)The Minister of Justice shall appoint a Registrar for each office and may appoint one Registrar for several offices.
(b)The Minister of Justice may appoint a deputy Registrar for an office or for several offices, and may authorise a person with the powers of a Registrar, in whole or in part.
Inspectors§
117.
(a)The Minister of Justice shall appoint persons qualified to serve as Magistrate's Court judges as Inspectors of real property registration and shall determine their areas of jurisdiction; the area of jurisdiction of an Inspector may be the whole territory of the State or a part or parts thereof.
(b)An Inspector may assume any power vested in a Registrar within his area of jurisdiction.
Superintendent of the Registry§
118.
(a)The Minister of Justice shall appoint a person qualified to serve as a District Court judge as Superintendent of the Registry, and may appoint a person so qualified as deputy Superintendent of the Registry.
(b)The Superintendent of the Registry and the deputy Superintendent of the Registry may assume any power vested in an Inspector or a Registrar.
(c)The Minister of Justice may authorise an Inspector with the powers of the Superintendent of the Registry, in whole or in part.
Publication in Reshumot (Official Gazette)§
119.

Notice of the establishment of an office and the determination of its area of operation, of every appointment under this Chapter, and of the determination of the area of jurisdiction of an Inspector shall be published in Reshumot (Official Gazette).

Powers of Investigation§
120.

The Superintendent of the Registry and every Inspector shall have the powers vested in a commission of inquiry under sections 9 to 11 of the Commissions of Inquiry Law, 5729-1968, to the extent necessary for the performance of their functions.

Appeal to the Superintendent§
121.
(a)A person who considers himself aggrieved by a decision of a Registrar or an Inspector – other than a decision of an Inspector under Section D of Chapter VI – may appeal against it to the Superintendent of the Registry within the period prescribed by Regulations.
(b)The Superintendent of the Registry may decide an appeal on the basis of the documents that were before the Registrar or the Inspector without hearing the parties, and may hear the parties and any other person, all as he sees fit for the purpose of clarifying the matter.
(c)Notwithstanding the provisions of subsection (a), no appeal may be brought against the approval of a transaction for registration after it has been registered; however, nothing in this provision shall derogate from any other remedy in connection with the registration.
Appeal to the Court§
122.

A person who considers himself aggrieved by a decision of the Superintendent of the Registry, including a decision on an appeal under section 121, may, within the period prescribed by Regulations, appeal against it to the District Court in whose area of jurisdiction the real property in question is situated.

The Registers§
123.
(a)In every office, the registers prescribed by this Law or by Regulations made thereunder shall be maintained, and real property situated in the area of operation of the office shall be registered therein.
(b)The following shall be registered in the registers in respect of the real property concerned –
(1)transactions approved by the Registrar for registration;
(2)judgments, decisions and orders given by a court or by another authority competent to do so under law, and submitted to the Registrar;
(3)any other matter required to be registered, or that may be registered, under legislation.
Inspection of Registers§
124.

The registers maintained at the office shall be open to public inspection, and any person may inspect them and obtain copies of what is registered therein.

Probative Force of Registration§
125.
(a)Registration in the registers with respect to registered real property shall constitute conclusive evidence of its contents, but this shall not derogate from the provisions of sections 93 to 97 of the Real Property Rights Settlement Ordinance [New Version], 5729-1969.
(b)Registration in the registers with respect to unregistered real property shall constitute prima facie evidence of its contents.

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Section B: Notes

Cautionary Note§
126.
(a)Where it has been proved to the satisfaction of the Registrar that an owner of real property, or a holder of a right of lease, loan, easement, right of pre-emption or mortgage, has undertaken in writing to carry out a transaction therein, or to refrain from carrying out a transaction therein, the Registrar shall, upon application by the person who gave the undertaking or by the person entitled under the undertaking (hereinafter – the entitled person), register a note to that effect; for this purpose it is immaterial whether the undertaking was given by agreement, by irrevocable authorisation or by another document, and whether it was express or implied, absolute or conditional.
(b)Where the note has been registered upon the application of the entitled person alone, the Registrar shall immediately notify the person who gave the undertaking as aforesaid of its registration.
Consequences of a Cautionary Note§
127.
(a)Where a cautionary note has been registered and as long as it has not been deleted, no transaction that contradicts the contents of the note shall be registered, except with the consent of the entitled person or pursuant to an Order of a court.
(b)Where a cautionary note has been registered and thereafter an attachment is imposed on the real property or on the right in real property that is the subject of the note, or an Order for receipt of assets in bankruptcy or a winding-up Order is made against the owner of the real property or the holder of the right in real property, or a receiver is appointed over his property, then as long as the note has not been deleted, none of these shall have the effect of prejudicing the rights of the entitled person deriving from the undertaking that is the subject of the note, provided that a claim for avoidance of the transaction by reason of the bankruptcy or the winding-up that would have lain had the transaction been carried out at its due time shall also lie against the said undertaking.
(b1)A cautionary note registered as referred to in section 126 does not require registration in any other registry or register maintained under law.
(c)A transaction conveying a part of real property, in ownership or in long-term lease, to a local authority for the purpose of roads or pavements or their widening, required by a plan approved under the Planning and Building Law, shall not be regarded as a transaction that contradicts a cautionary note, provided that thirty days before the registration of the transaction notice thereof was sent to the entitled person under the cautionary note.
Note on Requirement of Consent§
128.

Where it has been proved to the satisfaction of the Registrar that the carrying out of a transaction by an owner of real property or a holder of a right in real property is conditional – under a legislative provision, under an Order of a court or under a written undertaking of the owner – upon the consent of a third party, the Registrar shall, upon application by the third party, register a note to that effect.

Note on Limitation of Capacity§
129.

Where it has been proved to the Registrar by an Order of a court or by a public document within the meaning of section 20 of the Evidence Ordinance that the legal capacity of an owner of real property or of a holder of a right in real property has been revoked or restricted under law, the Registrar shall, upon application by an interested party or upon application by the Attorney General, register a note to that effect.

Note pursuant to Court Order§
130.

A court may, in any proceeding before it concerning a right in real property, direct the registration of a note as it shall determine.

Consequence of Registration of a Note§
131.

Where a note has been registered pursuant to sections 128, 129 or 130, no transaction that contradicts the contents of the note shall be registered as long as the note has not been deleted.

Deletion of a Note§
132.
(a)A note registered pursuant to sections 126, 128 or 129 shall be deleted pursuant to an Order of a court or if one of the following has been proved to the satisfaction of the Registrar:
(1)the interested parties have agreed to the deletion;
(2)the ground for the note has lapsed, provided that the Registrar has given advance notice to the interested parties of his intention to delete the note and has allowed them a reasonable time to apply to a court;
(3)(Repealed)
(b)A note registered pursuant to section 130 shall be deleted pursuant to an Order of a court.
Other Notes§
133.

The Minister of Justice may, to the extent required for the implementation of a law or for the prevention of its breach, prescribe by Regulations other notes that the Registrar shall be obliged to register, and may prescribe by Regulations the manner of their registration and deletion; the provisions of section 131 shall apply to such notes with the necessary modifications.

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Section C: First Registration and Renewal of Registration

Right to First Registration§
134.

With respect to real property that has not yet been registered in the real property registers, any person claiming a right therein may apply for their registration.

Right to Renewal of Registration§
135.

With respect to real property whose registration has been destroyed or obliterated, any person claiming a right therein, as well as the Attorney General or his representative, may apply for renewal of the registration.

Correction of Registration of Area or Boundaries§
135a.

In respect of unsettled real property registered in the real property registers, the holder of a right in land, or the Attorney General or his representative, may apply to correct an incorrect registration of the area or the boundaries thereof; where the correction is liable to prejudice adjoining real property, the correction shall not be made unless every person whose rights may be affected by the correction has been given a reasonable opportunity to present his contentions.

Publication and Objection§
136.
(a)Notice of an application for registration under this Chapter shall be published in Reshumot (Official Gazette).
(b)Any interested person, as well as the Attorney General or his representative who has not submitted the application, may submit an objection to the registration to the Inspector within sixty days from the date of publication of the notice.
The Decision on an Application for Registration or Renewal§
137.
(a)The Inspector shall decide on the application for registration under this Section after having given the parties an opportunity to state their arguments and to adduce their evidence; he may depart from the rules of evidence if he is satisfied that this will assist in the discovery of the truth; where he decides to depart from the rules of evidence, he shall record the reasons that moved him to do so.
(b)The Inspector's decision shall be in writing, shall be reasoned and shall be delivered to each of the parties.
Registration of Real Property without an Owner§
138.

Real property that has not yet been registered in the real property registers and that the Superintendent of the Registry, after inquiry with the General guardian, has confirmed to be without an owner, shall be registered in the name of the State; however, this shall not prevent any person from claiming a right therein and applying for correction of the registration.

Effect of the Registration§
139.

Registration under this Section shall constitute prima facie evidence of its contents; it shall not prevent settlement under the Real Property Rights Settlement Ordinance [New Version], 5729-1969.

Limitation of Application§
140.

The provisions of this Section shall not apply to real property in respect of which no registrations are to be made in accordance with section 35 of the Real Property Rights Settlement Ordinance [New Version], 5729-1969.

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Section D: Registration of Condominium Buildings and Its Cancellation

Register of Common Houses§
141.

A register of common houses shall be maintained at every office (in this Section – the Register).

A House Eligible for Registration in the Register§
142.
(a)A house containing two or more apartments, each of which can be identified as a separate unit, may be registered in the Register.
(b)Two or more houses each containing one or more apartments, where the houses were erected on a plot or plots that cannot be divided in such a manner that each house would stand on a separate plot, may be registered in the Register as a common house.
(c)Two or more houses that have shared facilities may be registered in the Register as a common house.
Registration Order§
143.
(a)An Order for the registration of a house in the register shall be issued by the Inspector if requested by owners whose apartment floor area constitutes more than half of the total floor area of all the apartments in the house; in respect of an apartment held under a long-term lease or a long-term sub-lease, the application must also be submitted by the long-term lessor or the long-term sub-lessor.
(b)The registration Order shall set out, separately for each apartment, the particulars to be included in the registration in the register.
(c)Where an apartment was subject to a long-term lease on the eve of registration, the parties may, by reason of the registration, cancel the long-term lease and transfer ownership of the apartment to the lessee, and if they have agreed to do so, the registration Order shall reflect that agreement.
Registration of Lease and Other Rights§
144.
(a)Where a house has been registered in the register and on the eve of registration the house, in whole or in an undivided part thereof, was subject to a registered lease, the lease shall be registered in the register against each apartment, or against an undivided part of each apartment, as the case may be; where one of the apartments was leased as aforesaid, the lease shall be registered against that apartment, unless the parties have agreed otherwise as provided in section 143(c).
(b)Where the house, in whole or in an undivided part thereof, was subject on the eve of registration to a mortgage or was lawfully attached, the mortgage or the attachment shall be registered against each apartment, or against a part of each apartment, as the case may be, unless otherwise agreed with the creditor.
(c)Where a lease as referred to in subsection (a) was subject on the eve of registration to a mortgage or was lawfully attached, the mortgage or the attachment shall be registered against the lease as the lease is registered in accordance with subsection (a); where the lease has been cancelled as provided in section 143(c), the mortgage or the attachment shall be registered against the ownership of the apartment.
(d)Where the house was, on the eve of registration, real property entitled to or subject to an easement, the easement shall be registered for the benefit of or as a burden on the apartments, according to the nature of the easement.
(e)Where the house, in whole or in an undivided part thereof, was on the eve of registration subject to a note within the meaning of Section B, the note shall be registered in the register against each apartment or against an undivided part of each apartment, as the case may be; where the note was registered on the basis of an undertaking relating to one of the apartments, the note shall be registered against that apartment only.
Amendment of Registration Order§
145.
(a)The Inspector may, upon the application of an apartment owner or the holder of a right in an apartment, amend a registration Order in the register, provided that advance notice and an opportunity to present arguments have been given to every apartment owner or holder of a right in an apartment who did not submit the application.
(b)An Order amending a registration Order shall have, in all respects, the same effect as a registration Order.
Cancellation of Registration of a Common House§
146.
(a)The Inspector may order the cancellation of the registration of a house in the register if all the apartment owners have so requested or if the Inspector is satisfied that the house is no longer fit for registration in the register, provided that advance notice and an opportunity to present arguments have been given to every apartment owner or holder of a right in an apartment.
(b)The cancellation Order shall set out the particulars to be included in the registration of the property in the real property registers.
Re-registration in the Registers§
147.

Where a cancellation Order has been issued, the Registrar shall cancel the registration of the house in the register and shall renew its registration in the real property registers as property held in the joint ownership of those who, on the eve of the issuance of the cancellation Order, were registered in the register as apartment owners, each of them holding an undivided share equal to the share held by that person in the common property of the common house, unless the articles of association provide otherwise in this regard.

Registration of Lease and Other Rights§
148.
(a)Where the registration of a house in the register has been cancelled and on the eve of the cancellation an apartment therein was subject to a registered lease, the lease shall be registered in the real property registers in respect of that apartment.
(b)Where an apartment was, on the eve of the cancellation of the registration, subject to a mortgage or was lawfully attached, the mortgage or the attachment shall be registered against the undivided share of the person who was the owner of the apartment on the eve of the cancellation.
(c)Where a lease as referred to in subsection (a) was subject to a mortgage or was lawfully attached, the mortgage or the attachment shall be registered against the lease as the lease is registered in accordance with subsection (a).
(d)Where an apartment was, on the eve of the cancellation of the registration, real property entitled to or subject to an easement, the easement shall be registered against the house, according to the nature of the easement.

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