Land Rights Settlement Ordinance [New Version], 5729-1969

A new register shall be opened for each settlement in the prescribed form, and the Registrar shall register therein the real property, notwithstanding any pending appeal, in accordance with the rights register and the plans transmitted to him under section 60 and in accordance with the court's determinations regarding rights recorded in the rights register as disputed.

If after the rights register has been transmitted to the Registrar under section 60 a settlement officer or the court determines a right that had not previously been settled, he shall notify the Registrar of his decision, and the Registrar shall register the particulars of the right in the appropriate page of the new register accordingly.

A transaction effected after the display of the rights register shall have no validity until it is registered in the new register of the settlement.

Where a person was registered in the rights register as the holder of a right and died during the period between the display of the register and the registration, the person to whom the right passed by reason of the death shall apply to the Registrar with a request to transfer the right into his name and shall pay the fees and levies due for the first registration, but shall be exempt from any further payment for the registration of the transfer of the right.

The registration of real property in the new register shall extinguish any right inconsistent with that registration, unless this Ordinance otherwise provides in that regard.

No register, original certificate or original record serving as the basis for registration shall be removed from the custody of the Administrator, and no original map, original plan or other original survey record shall be removed from the custody of the Director of the Survey Department; however, a court may direct the Administrator or the Director of the Survey Department to produce before the court, at a time to be fixed, a register, certificate, map, plan or any other such survey record.

Where a civil court has given a judgment containing an Order in a matter concerning real property registered under this Ordinance, a certified copy of the judgment shall be sent to the Registrar of the Land Registry Office in which the real property is registered, and upon payment by the person in whose favour the judgment was given of the fees due, the Registrar shall register every such Order in the settlement register.

Any court may, upon the application of an interested person, direct the Registrar to register in the register a caution or a prohibition on a transaction in a plot pending the determination of proceedings brought before that court.

Upon a request by the Administrator, the Registrar shall register in the register a note concerning arrears in the payment of real property taxes in respect of a plot, and no transaction in that plot shall be registered until it is established that the taxes have been paid.

Where a settlement officer registered a person in a rights schedule before the 16th day of Nisan 5718 (6 April 1958) as the holder of a right of occupation in real property that was registered in the name of another person, because the settlement officer was of the opinion that –

then, if the Administrator was of the opinion that the holder of the right of occupation or the holder's heirs were occupying the real property and the registered owner or the registered owner's heirs had not, within the period prescribed by law, brought a claim for the recovery of the real property, or had notified the Administrator of their consent that the holder of the right of occupation be registered as the owner of the real property, the Administrator may cancel the registration of the registered owner and register the holder of the right of occupation as the owner of the real property, and upon so doing the rights and benefits of the former registered owner shall be extinguished.

For the purposes of section 19 of the Courts Law, 5717-1957 –

The Civil Procedure Regulations, 5723-1963, shall apply to proceedings and determinations under this Ordinance.

A certified copy of a judgment of the District Court or of the Supreme Court, as the case may be, containing an Order in relation to real property, shall be transmitted to the Registrar of the Land Registry Office in which the real property is registered and to the settlement officer, and upon payment of the fees due the Registrar shall register the Order in the new register of the settlement.

After the expiry of the time limit prescribed in section 88, there shall be no right of appeal against a decision of a settlement officer that has been registered in a rights schedule or in a partition schedule, unless the court, upon an application made to it, was of the opinion that one of the following applied:

Where the court has been satisfied after the settlement that the registration of a right in the register was obtained by fraud, or that a right that had been registered in an existing register was omitted from the new register or was incorrectly registered therein, the court may, subject to the law applicable to the limitation of actions, direct the correction of the register, whether by cancellation of the registration or in any other manner as the court thinks fit; however, the court shall not direct the correction of the register if a person has acquired real property in good faith and for consideration from a registered owner after the settlement.

If after the display of the rights schedule it is proved that a right that had been registered in the existing registers was omitted from the schedule or was incorrectly registered therein, the settlement officer or the court, as the case may be, may authorise the Registrar to make the corrections at any time before the completion of the registration of the real property of the settlement in accordance with the schedule, and the settlement officer or the court, as the case may be, shall notify the corrections to the owner of the real property and to the holder of the right.

the particulars registered in the survey plan shall prevail, subject to the other provisions of this section.

No fee shall be levied for the registration in the new registers of a right in real property that is not a right of ownership, which was registered in the existing registers in the name of the plaintiff and was entered in the rights schedule without alteration.

A person who uses fraudulent means or presents in a false name deeds or documents belonging to another person, and thereby causes registration in his own name or in the name of another person in a claims schedule, a rights schedule or a division schedule, is liable to imprisonment for three years or a fine of 1,500 liras.

A person who gives false testimony or makes a false statement before a settlement officer in order to obtain registration in his own name or in the name of another person in a claims schedule, a rights schedule or a division schedule, is liable to imprisonment for three years or a fine of 1,500 liras.

A person who fails to comply with an Order or instruction given by a settlement officer in the course of performing his duties, or who obstructs the execution of such an Order or instruction, or who obstructs the work of a settlement committee in the performance of its duties, is liable to imprisonment for six months or a fine of 750 liras.

A person who removes or obliterates a boundary mark or survey mark, whether a permanent mark or a temporary mark, is liable to imprisonment for six months or a fine of 750 liras.