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

פקודת הסדר זכויות במקרקעין [נוסח חדש], תשכ"ט-1969

Published: 1969-07-27Consolidated Hebrew text as of 2026-09-08 · Last amended 1969-07-27✓ Amendment status checked against the Knesset legislation record on 2026-09-29
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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.

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Chapter XV: Jurisdiction – Special Provisions

Jurisdiction§

107.

The Minister may, by Order, confer on a particular District Court jurisdiction under this Ordinance over the whole territory of the State or over part thereof.

Limitation on Powers§

108.

The provisions of sections 7, 8 and 43 shall not apply –

(1)to claims that are within the jurisdiction of a Magistrate's Court under section 28(3) of the Courts Law, 5717-1957;
(2)to claims under the Tenant Protection Law, 5714-1954, the Tenant Protection Law, 5715-1955, or the Key Money Law, 5718-1958.

Claim for Ejectment Incidental to an Ownership Dispute§

109.
(a)Notwithstanding the provisions of section 108(1), a court adjudicating by virtue of section 43 a dispute concerning ownership of real property situated in a settlement area, or concerning the right of long-term lease therein, shall be competent to adjudicate also on the ejectment of a person who was a party to those proceedings.
(b)The law under which the court shall adjudicate an application for ejectment as referred to in subsection (a) shall be the law generally applicable to claims for ejectment.
(c)The provisions of this section shall not apply to a dispute as aforesaid in which proceedings were commenced before the 10th day of Kislev 5727 (23 November 1966).

Judges to Assist in the Settlement§

110.
(a)In this section –

"religious court" – a Rabbinical Court, a Shari'a court, a court of a Christian community and a Druze religious court;

"judge" –

(1)in relation to a Rabbinical Court – a judge within the meaning of the Dayanim Law, 5715-1955;
(2)in relation to a Shari'a court – a qadi within the meaning of the Qadis Law, 5721-1961, or a person authorised by the Minister to perform the functions of a qadi in a Shari'a court of first instance within a settlement area;
(3)in relation to a court of a Christian community – a judge of that court;
(4)in relation to a Druze religious court – a qadi madhhab within the meaning of the Druze Religious Courts Law, 5723-1962.
(b)At the request of the Administrator, a religious court shall appoint a judge who shall, within the jurisdiction of that court, issue inheritance certificates and act in any other matter of personal status.
(c)Where a court is adjudicating a claim concerning real property as waqf real property, it shall invite a judge appointed under this section to sit as an adviser on the law of waqf under consideration.

Transitional Provisions§

111.
(a)A matter in which a settlement officer gave a decision before the 1st day of Iyar 5720 (28 April 1960) (hereinafter – the day of amendment of the Ordinance) shall be governed by this Ordinance as it read before that day.
(b)The provisions of section 108 shall also apply to claims submitted to a tenancy tribunal before the day of amendment of the Ordinance.
(c)A matter that was pending before a settlement officer on the eve of the day of amendment of the Ordinance and in respect of which jurisdiction to hear and decide passed on that day to the court, may be continued by the court from the stage reached by the settlement officer.

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Chapter XVI: Miscellaneous

Limitation on Claim and Action§

112.

No claim for compensation shall lie, and no action shall be heard against the State –

(1)for failure during the settlement to locate a plot to which a registration in the existing registers, an existing title deed or a court judgment relates;
(2)for failure to establish a right in real property apparently based on registration in an existing register or on an existing title deed;
(3)for an error in the demarcation of a boundary, in the division of real property or in the determination of an area.

Orders Regarding Minimum Area and Width§

113.

The Minister may, by Order, prescribe –

(1)a minimum area or minimum width that may be registered in the name of a person as a separate plot or as an undivided share in a plot, or different minimum areas and minimum widths under conditions to be specified;
(2)how the boundaries of a plot whose width is less than the minimum width prescribed are to be adjusted with adjacent plots, by way of exchange of real property of equal value;
(3)how a piece of real property that may not be registered under such an Order is to be added to adjacent real property, and how the compensation to be paid by the owner of the adjacent real property who benefits from the addition is to be determined.

Implementation Regulations and Rules of Procedure§

114.

The Minister may make Regulations for the implementation of the provisions of this Ordinance and may also make rules of procedure for legal proceedings thereunder.

Commencement§

115.

This New Version shall come into force on the 23rd day of Tevet 5730 (1 January 1970).

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Schedule (Section 98(c))

Land Rights Settlement Order (Registration and Separation Fees), 5729-1969

Definitions§

1.

In this Order –

"schedule" – a rights schedule or a division schedule;

"fee-liable registration" – registration of a right in real property consequent upon –

(1)registration in a schedule;
(2)a decision of a settlement officer establishing a right that was not settled before the schedule concerned was transferred to the Registrar;
(3)authorisation by a settlement officer to the Registrar, under section 96 of the Ordinance, to register a right omitted from the relevant rights schedule;
(4)a court judgment;
(5)a decision of a settlement officer in proceedings consequent upon a court judgment delivered on appeal against a prior decision of the settlement officer.

The Fees§

2.

Subject to sections 98 to 101 of the Ordinance, the fees payable for fee-liable registration in the new registers, and the persons liable to pay them, shall be as specified in this Order.

Ownership Registration Fee§

3.
(a)For the registration of a right of ownership in real property, the person in whose name the real property is registered shall pay twelve agorot per dunam or part thereof; where such registration is in the name of two or more persons, each of them shall pay a fee for the registration of his share equal to the fee he would have been liable to pay had his share been registered in his name separately.
(b)The fee payable by a person under this section shall not be less than twenty-five agorot.

Division Fee§

4.

Subject to section 102 of the Ordinance, if in the course of the settlement real property has been divided under the provisions of the Ordinance, a person liable to pay a fee under section 3 shall pay, in addition to such payment, a division fee of eight agorot per dunam or part thereof, or twelve agorot per plot, whichever is the higher amount.

Arrears§

5.
(a)Subject to section 99 of the Ordinance, a person liable to pay a fee under section 3 or section 4 who has not paid it within six months from the determining date shall be liable to pay an additional sum at the rate of twenty per cent of the fee, in the same manner as he is liable to pay the fee itself.
(b)"The determining date", for the purposes of this section –
(1)the date of display of the schedule in which the fee was registered;
(2)if the fee was registered in the schedule consequent upon a decision of a settlement officer establishing a right that was not settled before the schedule was transferred to the Registrar – the date of the decision.

Registration fee for lease and mortgage§

6.
(a)For the registration of a lease, sub-lease or mortgage, or the registration of the transfer thereof, the person liable to pay a fee under the Real Property (Fees) Regulations, 5726-1966, shall pay the fee prescribed for that registration under those Regulations.
(b)Subject to section 78 of the Ordinance, a document for the registration of which a fee has been prescribed under subsection (a) shall not be delivered by the Registrar to any party to the document until the fee has been paid to the Land Registry Office by that party or by the party liable to pay the fee; for this purpose, a copy of the document, an extract therefrom and an extract from a register relating thereto shall have the same status as the document itself.

Exemptions§

7.

No fee shall be paid under this Order for the registration of –

(1)a cemetery;
(2)a right in real property of a local education authority within the meaning of the Education Ordinance;
(3)a right of the State in real property.

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