Translation Notice — This is an English translation of a Hebrew law and may contain inaccuracies. In any dispute or legal matter, the original Hebrew text as published in Reshumot (ספר החוקים) is the sole authoritative and legally binding version.

Law

Land Law, 5729-1969

חוק המקרקעין

Chapter VIII: Public Land and Designated Land

Definitions

107.

[Amendment: 5783]

In this Chapter –

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

"designated real property" – public real property intended for public benefit, being –

(1)the seashore, including Real Property within the bounds of a port;

(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 real property prescribed by Regulations, with the approval of the Interior and Environmental Protection Committee of the Knesset, as designated real property 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 lakes within Israel belong to the State and are included among public real property.

Registration of Designated Real Property

109.

In the registration of designated real property, their status as designated real property shall be noted.

Conversion of Designated Real Property to Public Real Property

110.

[Amendment: 5739, 5748-3, 5781]

(a)Designated real property shall not be converted to public real property that is not designated real property unless the Government or the Minister designated for that purpose has approved that it has ceased to serve its designated purpose; notice of the approval shall be published in the Official Gazette and the designation of the Real Property as designated real property shall be deleted.

(b)Notwithstanding the provisions of subsection (a), designated real property shall be converted to public real property that is not designated real property and shall be registered accordingly if it is intended to serve other than as designated real property 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 Real Property

111.

In respect of designated real property, 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 caveat shall be registered in relation to such an undertaking, unless the transaction or the undertaking has been approved by the Government or the Minister appointed by it.

Non-Application

112.

Section 23 shall not apply to public real property.

Prescription

113.

(a)There is no prescription in respect of designated real property.

(b)To the extent that prescription applies under this Law to public real property that is not designated real property, the period of prescription shall not commence before the date on which the property was registered in the name of its owners.

(c)Section 94 shall not apply to public real property.

Preservation of Laws

114.

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

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Chapter IX: The Registry

Section A: General Provisions

Registration Office

115.

The Minister of Justice shall establish registration offices and shall determine their areas of operation.

Registrars

116.

[Amendment: 1974]

(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 one office or for several offices, and may vest a person with the powers of a Registrar, in whole or in part.

Supervisors

117.

[Amendment: 1974, 1992]

(a)The Minister of Justice shall appoint persons qualified to serve as judges of a Magistrate's Court as Supervisors of Real Property Registration, and shall determine their areas of jurisdiction.

(b)A Supervisor may assume any power vested in a Registrar within the Supervisor's area of jurisdiction. A Supervisor's area of jurisdiction may encompass the entire territory of the State or a part or parts thereof.

Superintendent of the Register

118.

[Amendment: 1974, 1992]

(a)The Minister of Justice shall appoint a person qualified to serve as a judge of a District Court as Superintendent of the Register, and may appoint a person so qualified as Deputy Superintendent of the Register.

(b)The Superintendent of the Register and the Deputy Superintendent of the Register may assume any power vested in a Supervisor or a Registrar.

(c)The Minister of Justice may vest a Supervisor with the powers of the Superintendent of the Register, in whole or in part.

Publication in the Official Gazette

119.

Notice shall be published in the Official Gazette of the establishment of an office and the determination of its area of operation, of every appointment made under this Chapter, and of the determination of a Supervisor's area of jurisdiction.

Powers of Inquiry

120.

The Superintendent of the Register and every Supervisor shall have the powers vested in a commission of inquiry pursuant to Sections 9 to 11 of the Commissions of Inquiry Law, 5729–1968, to the extent required for the performance of their functions.

Objection to the Superintendent

121.

(a)A person who considers themselves aggrieved by a decision of a Registrar or a Supervisor — except for a decision of a Supervisor under Division D of Chapter VI — may lodge an objection against it before the Superintendent of the Register within the period prescribed by Regulations.

(b)The Superintendent of the Register may decide on an objection on the basis of the documents that were before the Registrar or the Supervisor without hearing the parties, and may hear the parties and any other person, all as the Superintendent deems appropriate for the clarification of the matter.

(c)Notwithstanding the provisions of sub-section (a), no objection may be lodged 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 themselves aggrieved by a decision of the Superintendent of the Register, including a decision on an objection under Section 121, may, within the period prescribed by Regulations, appeal against it before the District Court within whose jurisdiction the Real Property in question is situated.

The Registers

123.

(a)In every office, the registers prescribed under this Law or under Regulations made thereunder shall be maintained, and the Real Property located within the area of operation of that office shall be recorded therein.

(b)The following shall be recorded in the registers with respect to the Real Property concerned —

(1)transactions approved for registration by the Registrar;

(2)judgments, decisions, and orders issued by a court or by any other authority empowered to do so by law, which have been submitted to the Registrar;

(3)any other matter required to be registered, or permitted to be registered, pursuant to any enactment.

Inspection of Registers

124.

The registers maintained in an office shall be open to public inspection, and any person may inspect them and obtain copies of entries recorded therein.

Probative Force of Registration

125.

(a)Registration in the registers with respect to settled Real Property shall constitute conclusive evidence of its contents; however, nothing therein shall 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 unsettled Real Property shall constitute prima facie evidence of its contents.

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Section B: Notices

Caution

126.

[Amendment: 1973, 1994-2]

(a)Where it has been proven 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 undertook the obligation 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 made by agreement, by irrevocable power of attorney or by another document, and whether it was express or implied, absolute or conditional.

(b)Where the note has been registered upon application by the Entitled Person alone, the Registrar shall immediately notify the person who gave the undertaking as aforesaid of its registration.

Effects of a Caution

127.

[Amendment: 1973, 1978, 1994-2]

(a)Where a caution has been registered and as long as it has not been deleted, no transaction contrary to the content of the caution shall be registered, except with the consent of the Entitled Person or pursuant to a court Order.

(b)Where a caution 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 caution, 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 assets, then as long as the caution has not been deleted, none of these shall have the effect of prejudicing the rights of the Entitled Person arising from the undertaking that is the subject of the caution, provided that a claim to void the transaction on account of the Bankruptcy or winding-up that would have stood had the transaction been performed at its due time shall also stand against the said undertaking.

(b1)A caution registered as provided in Section 126 does not require registration in any other register or record maintained pursuant to law.

(c)A transaction conveying a part of Real Property, whether by ownership or long-term lease, to a local authority for the purpose of roads or pavements or their widening, as required by a plan approved under the Planning and Building Law, shall not be regarded as a transaction contrary to a caution, provided that thirty days before the registration of the transaction, notice thereof was sent to the Entitled Person under the caution.

Note Regarding Required Consent

128.

Where it has been proven to the satisfaction of the Registrar that the carrying out of a transaction by the owner of Real Property or the holder of a right in Real Property is conditional – by virtue of legislation, by virtue of a court Order, or by virtue of a written undertaking by 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 Regarding Limitation of Legal Capacity

129.

Where it has been proven to the Registrar by a court Order 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 by 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.

The court may, in any proceedings before it concerning a right in Real Property, direct the registration of a note as determined.

Effect of Registration of a Note

131.

Where a note has been registered pursuant to Sections 128, 129, or 130, no transaction contrary to the content of the note shall be registered, as long as the note has not been deleted.

Cancellation of a Notice

132.

[Amendment: 1973]

(a)A notice registered pursuant to Sections 126, 128 or 129 shall be cancelled pursuant to a court order or if one of the following has been established to the satisfaction of the Registrar:

(1)the interested parties have agreed to the cancellation;

(2)the ground for the notice has lapsed, provided that the Registrar has given prior notice to the interested parties of his intention to cancel the notice and has afforded them a reasonable time to apply to the court;

(3)[(Repealed).]

(b)A notice registered pursuant to Section 130 shall be cancelled pursuant to a court order.

Other Notes

133.

The Minister of Justice may, to the extent required for the operation of a law or for the prevention of its breach, prescribe by Regulations 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 not yet registered in the real property registers, any person claiming a right therein may apply for its 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 the renewal of registration.

Correction of Registration of Area or Boundaries

135a.

[Amendment: 1979]

With respect to unregulated Real Property registered in the real property registers, the holder of a right in the land, or the Attorney General or his representative, may apply to correct an incorrect registration of the area or its boundaries; where the correction is likely to prejudice adjacent 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 arguments.

Publication and Objection

136.

(a)Notice of an application for registration under this Chapter shall be published in the official gazette (Reshumot).

(b)Any interested person, as well as the Attorney General or his representative, who did not submit the application, may file with the Inspector an objection to the registration within sixty days from the date of publication of the notice.

Decision on Application for Registration or Renewal

137.

[Amendment: 1979]

(a)The Inspector shall decide on an application for registration under this Division after affording the parties an opportunity to present their arguments and to adduce their evidence; he may deviate from the rules of evidence if he is satisfied that doing so will assist in the ascertainment of the truth; should he decide to deviate 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 Ownerless Real Property

138.

Real Property not yet registered in the real property registers, which the Superintendent of the Register, following an inquiry with the Administrator General, has confirmed to be ownerless, shall be registered in the name of the State; however, nothing herein shall prevent any person from claiming a right therein and applying for the correction of the registration.

Effect of Registration

139.

[Amendment: 1979]

Registration under this Division shall constitute prima facie evidence of its contents; it shall not prevent settlement pursuant to the Land Rights Settlement Ordinance [New Version], 5729–1969.

Limitation of Application

140.

[Amendment: 1979]

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

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Section D: Registration of Condominiums and Its Cancellation

Register of Condominiums

141.

A register of condominiums (in this Division – the Register) shall be maintained at each office.

Building Eligible for Registration in the Register

142.

[Amendment: 1992]

(a)A building 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 buildings, each containing one or more apartments, which have been erected on a plot or plots that cannot be divided in such a manner that each building would stand on a separate plot, may be registered in the Register as a condominium.

(c)Two or more buildings that share common installations may be registered in the Register as a condominium.

Registration Order

143.

(a)An order for the registration of a building in the Register shall be issued by the Supervisor, if so requested by owners whose apartment floor areas constitute more than half of the total floor area of all apartments in the building; in respect of an apartment held under a long-term lease or a long-term sublease, 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 leased on the eve of registration, the parties may, by reason of the registration, cancel the lease and transfer ownership of the apartment to the lessee, and if they agreed to do so, the registration order shall be made accordingly.

Registration of Leases and Other Rights

144.

[Amendment: 1978]

(a)Where a building has been registered in the Register and, on the eve of registration, the building, 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 agreed otherwise as provided in Section 143(c).

(b)Where the building, in whole or in an undivided part thereof, was mortgaged or lawfully attached on the eve of registration, the mortgage or 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 mortgaged or lawfully attached on the eve of registration, the mortgage or attachment shall be registered against the lease as registered in accordance with subsection (a); where the lease was cancelled as provided in Section 143(c), the mortgage or attachment shall be registered against the ownership of the apartment.

(d)Where the building was, on the eve of registration, Real Property benefiting from or subject to an easement, the easement shall be registered in favor of or as a burden upon the apartments, according to the nature of the easement.

(e)Where the building, in whole or in an undivided part thereof, was subject on the eve of registration to a notation within the meaning of Division B, the notation shall be registered in the Register against each apartment or against an undivided part of each apartment, as the case may be; where the notation was registered on the basis of an undertaking relating to one of the apartments, the notation shall be registered against that apartment only.

Amendment of Registration Order

145.

(a)The Supervisor may, upon application by an apartment owner or a 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, for all purposes, have the same effect as a registration order.

Cancellation of Condominium Registration

146.

(a)The Supervisor may order the cancellation of the registration of a building in the Register, if all apartment owners so request, or if the Supervisor is satisfied that the building is no longer eligible 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.

New Registration in the Registers

147.

Upon the issuance of a cancellation order, the Registrar shall cancel the registration of the building in the Register and shall renew its registration in the Real Property registers as property held in joint ownership by those who, on the eve of the issuance of the cancellation order, were registered in the Register as owners of the apartments, each of them holding an undivided share equal to the share that was held by that person in the common property of the condominium, unless the house regulations provide otherwise in this regard.

Registration of Leases and Other Rights

148.

(a)Where the registration of a building 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 mortgaged or lawfully attached on the eve of the cancellation of registration, the mortgage or 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 mortgaged or lawfully attached, the mortgage or attachment shall be registered against the lease as registered in accordance with subsection (a).

(d)Where an apartment was, on the eve of the cancellation of registration, Real Property benefiting from or subject to an easement, the easement shall be registered against the building, according to the nature of the easement.

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