The Perception Today Regarding the Scope of a Proprietary Right
- Buying an apartment in Israel
- The Sales Contract
Does it arise from the property right that landowners can do whatever they please if there is no explicit restriction in the law restricting them?
Well, the answer is that the old conception has given way to another source.
The balance shifts from the property right of the individual to the property right of the public, and as a result, it is almost impossible to use the land, but only what is expressly allowed to be done in them by law.
“The tendency today is to say that the premise is no longer that all use of land is permissible for the owner, except for services prohibited by law. He is allowed to do almost anything on his land, according to Israeli law, and is the law of other nations … About land ownership, what is taken from the owner by law is so great that the result is that he is allowed to do almost only what the planning authorities allow. … “.