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A neighbour who has been crossing your yard for twenty years, a parking space another owner is entitled to use, a landing you are not allowed to close off: in Israel these situations stem from a discreet but formidable property right, the Zikat Hana’a (\u05d6\u05d9\u05e7\u05ea \u05d4\u05e0\u05d0\u05d4)<\/strong>, or easement. It does not always appear on the land registry, it survives the sale, and it binds the buyer. Here is how to recognise it and protect yourself before signing.<\/p>\n Section 5 of the Land Law (Hok HaMekarkein (\u05d7\u05d5\u05e7 \u05d4\u05de\u05e7\u05e8\u05e7\u05e2\u05d9\u05df)<\/strong>, 1969) defines an easement as an encumbrance on real property for the benefit of another, allowing that person to derive a benefit from it without<\/em> any right to possess it. That is precisely what distinguishes it from a lease: the beneficiary does not occupy the property, he uses it.<\/p>\n An easement may be created for the benefit of another plot \u2014 the benefited land, Mekarkein Zaka\u00efm (\u05de\u05e7\u05e8\u05e7\u05e2\u05d9\u05df \u05d6\u05db\u05d0\u05d9\u05dd)<\/strong> \u2014 for the benefit of a named person, of a class of persons, or even of the public at large. In Israeli practice it most often takes one of these forms:<\/p>\n Identifying how the easement arose is decisive, because the possibility of challenging or removing it depends on that origin.<\/p>\n Section 94 of the Land Law sets out a rule many foreign buyers discover too late: a person who has exercised, for thirty consecutive years<\/strong>, a use capable of constituting an easement has acquired that easement and is entitled to demand its registration. The use must have been continuous and visible, and exercised as the exercise of a right; written objection by the owner interrupts the running of time.<\/p>\n What makes this distinctly Israeli is that the mechanism also applies to settled land, Mekarkein Mussdarim (\u05de\u05e7\u05e8\u05e7\u05e2\u05d9\u05df \u05de\u05d5\u05e1\u05d3\u05e8\u05d9\u05dd)<\/strong>, even though acquisitive prescription is in principle excluded there. The practical consequence is significant: a fully constituted right may exist without<\/em> appearing on the land registry. A buyer who relied on the registry extract alone may discover, after taking possession, that a neighbour holds an enforceable right of way.<\/p>\n Whether such an unregistered easement can be enforced against a good-faith purchaser who relied on the registry is a debated question that turns closely on the facts of each case. All the more reason to address the issue before<\/em> signing, rather than before a judge.<\/p>\n An easement is in principle granted for an indefinite period, unless a term has been agreed. The court may nevertheless cancel it or vary its terms, in particular where it is no longer exercised or where circumstances have changed. The consensual route remains the fastest: an agreement to release the easement, if necessary against consideration, followed by registration of that release.<\/p>\n Anticipating the issue has a direct financial value. An unresolved easement depresses the price, delays the transaction and may jeopardise the buyer’s financing, since Israeli banks examine closely any encumbrance affecting the property offered as security.<\/p>\n An easement is the textbook example of a right that never appears in a property listing. Detecting one requires cross-checking the registry extract, the condominium bylaws, the plans, the files held by the land authorities and the actual state of the site, then translating the findings into the drafting of the contract. For a buyer based abroad, who visits rarely and seldom reads Hebrew, that verification can realistically be entrusted only to counsel. It is at this stage \u2014 before signature \u2014 that a lawyer costs the least and protects the most.<\/p>\n With this in mind, the law firm ABITBOL & ASSOCIES, drawing on its expertise in Israeli and international real estate law, assists its clients at every stage of verifying the rights that burden a property in Israel. Our lawyers make sure your interests are protected and that every step is completed in full security.<\/strong><\/p>\n 13 Av Hubert Germain \u2013 Paris 16\u1d49 13 rue Shimon ben Shetah, 9414713, J\u00e9rusalemI. A right to use someone else’s property, without the right to possess it<\/h3>\n
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II. The four ways an easement comes into existence<\/h3>\n
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III. The thirty-year trap<\/h3>\n
IV. The checks to carry out before signing<\/h3>\n
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V. For sellers: clearing an easement before going to market<\/h3>\n
Conclusion \u2013 Why work with a lawyer on Israeli real estate matters?<\/h3>\n
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