The field of real estate and the legal rights associated with it is extremely fundamental in Israeli and international law, as these are assets of primary economic and social value – lands, apartments, lots, agricultural areas, and commercial buildings. Rights in real estate determine who is entitled to hold the property, how it can be used, what limitations apply to it, and what the conditions are for transferring rights to other parties.
Types of Rights in Real Estate
Ownership right – The broadest right allowing complete control of the property: use, sale, rental, inheritance, and more. However, even this right is subject to planning and construction laws, expropriations for public purposes, and additional laws.
Lease and hereditary lease – Right of use in property for a long period (such as 49 or 99 years), particularly common in Israel Land Authority lands. Sometimes it is almost equivalent to ownership, but it is time-limited.
Easement – A limited use right in another’s property, for example, passage on a path, use of parking, or passage for infrastructure.
Mortgage and lien – Rights granted to financial institutions (such as banks) to secure a debt. In case of default, the right can be exercised and the property sold.
Co-ownership in real estate – A situation where multiple partners hold rights in the same property. Each partner is entitled to make reasonable use of their share, but substantive decisions require cooperation or appeal to court.
Importance of Rights Registration
In Israel, all rights in real estate require registration in the land registry (Land Registry). This registration is what grants them binding legal validity and prevents future disputes. A transaction not properly registered may be considered incomplete and may not even bind third parties.
A real estate attorney accompanies the client at every stage of the transaction:
- Performing preliminary checks (checking Land Registry extract, liens, caveats, levies, and building restrictions)
- Drafting and preparing purchase or sale contract, while carefully protecting the client’s rights
- Handling financial and tax aspects (purchase tax, capital gains tax, municipal levies)
- Performing registration actions and transferring rights until transaction completion
Without professional legal accompaniment, there is real exposure to risks – starting with transactions with defective rights, through hidden debts on the property, and up to years-long legal disputes.