170 Years of History

Buying an apartment in Israel - 170 Years of History
Ashdod

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Until the second half of the 19th century, the land was registered in the religious Sharia courts due to the small number of residents and the small number of transactions in the country.
In the second half of the 19th century, a committee of the Ottoman Empire was established, which ruled the country, which grouped all the laws into “Majlaat al-Ahkam al-Adaliya,” or ‘Mag’ala’ for short.

A collection of ‘Mag’ala’ laws relating to land, published in 1858, formed the legal basis for land law in Israel until its repeal in 1969 by the Land Law.
However, remnants of the Mag’ellanic Laws are with us today, as we shall see below, so I have found it appropriate to write a little about history.

In the same ‘Magella’ file, the lands were classified into five types, among them: ‘Molch’ type land – which allows owners to be claimed private property.
Land of the ‘Miri’ type – owned by the government, which can be leased (even long-term), such as leases for generations or in possession of individuals.
In addition, ‘Waqpa’ land is a sacred property set aside for communal use, ‘Matrucha’ land used for the roads, and ‘Muwat’ land, which is desolate land that is not used.

After World War I, the British Mandate retained the Mag’ellanic Laws in force in Israel (Article 46 of the King’s Council Speech on Israel from 1922) but used them as a civil code under common law and English Integrity Law.

In 1920 the British set up the ‘Measurements Department’ to make a more accurate registration of the land in the country, and in 1928 published the Land Ordinance (Arrangement of Property Rights 1928), which led to the replacement of the deed registration method with the registration of property rights.

After establishing the state in 1969, the Real Estate Law was enacted and the Ordinance for the Settlement of Rights in Real Estate.
So began the registration of the land and the arrangement of the registers of rights.

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