Rights accompanying the apartment
- Buying an apartment in Israel
- Contract Structure
The apartment is accompanied by property rights and obligations and obligations (contracts) that are easy to locate because they are specified in the “Tabu.”
wording, but the obligatory rights and obligations are more difficult to find because there is no one exact place where they can be located.
Accuracy in defining an apartment is important not only to ensure the transfer of the apartment as defined by the buyer but also to gauge the opinion of the parties.
Because there are rights granted only to the seller and he is prevented from transferring them to the buyer.
Here are some examples: a pleasure affiliation granted personally to one of the neighbors to use the common yard of the building exclusively; A personal pleasure affiliation is given to one of the neighbors to pass through the yard of another neighbor to more easily reach his parking lot.
An inaccurate definition of the apartment can cause problems and disagreements.
If Shimon is interested in expanding his apartment and has begun the process of obtaining a building permit, and his neighbor Reuben has signed his consent to this, the signature may have been given personally to Shimon and he will not be able to transfer the right to whoever buys the apartment from him. Thus, if the same Shimon was appointed to the House committee, his choice of him cannot be transferred to the buyer of the apartment.
These are examples of inalienable rights.
There are also rights and obligations that the buyer did not even think would be transferred to him and did not even want to be transferred to him, but they will be bought for him if the apartment is not properly defined.
Thus, if in a decision of a tenants’ meeting on the eve of the signing of the contract it is decided to raise the taxes of the House Committee – the buyer will undertake to do so even though he was not present at the meeting. If the apartment being sold has a roof attached if the apartment is not clearly defined enough the buyer will be required to make repairs to the roof as required.
The scope of the seller’s rights in the apartment can be defined according to several options. By way of a reservation or in the most general way – ‘all the rights that the seller has at a certain address or in a certain block/plot’.
On the other hand, the apartment can be defined in a very specific way, detailing the scope of the seller’s rights in the apartment.
Each of these ends has advantages and disadvantages.
An overly general description of the apartment may cause the parties not to know exactly what the sellers’ rights are in the apartment.
On the other hand, an overly specific description of the apartment may result in differences between the parts of the definition itself or result in rights/obligations not included in the same description passed to the buyer. This is the case if it is registered that the apartment being sold is 100 square meters, based on the registration in the ‘Tabu’ wording, while in practice it turns out that the apartment is smaller.
Or in this case, as stated above, the garden is defined as part of the apartment while later it turns out that the garden was given to the seller without the possibility of transfer to the buyer.
There may be situations where the definition of sale may not be accurate.
As strange as it may sound, there may be situations where the seller genuinely does not know and cannot know the extent of his rights and obligations in the apartment, and even the exact physical description of the apartment is not known.
Take a case where the apartment is sold during a legal dispute between the seller and his neighbors regarding the possibilities of using the yard.
Or in case the seller does not know at all whether the apartment has building rights or not, or in case the apartment is sold by one who oversees the dismantling of property or deals with the heirs. In all those examples the sellers do not know the extent of the rights and obligations being sold.