Issues of real estate, construction and municipal

Table of contents
Registering private land in Judea and Samaria

 

Generally, Israeli law does not apply in the areas of Judea and Samaria. Land law in this region is based upon Ottoman law, British mandatory amendments, Jordanian law and Military promulgations. Additional legal amendments were made within the framework of security legislation, according to security and civilian needs. In addition public international law, partial Israeli law (by means of applying extra territorial provisions) and also indirectly Israeli administrative law are also applied in the territory.

 

Most of the real estate in Judea and Samaria has not undergone comprehensive parcelation. In order to register land at the land registry office, it is necessary to implement a procedure called "first time registration of real estate". Within the framework of this procedure the applicant's request is discussed by a special committee which examines the documents that prove the owner's rights, the map of site, any counter claims and the prevailing current conditions, and decides whether to grant a certificate of registration. It is possible to submit an appeal against the committee's decision to the Military Appeals Committee.


Municipal law in Israeli Settlements

 

The law that applies within the area of Israeli settlements in Judea and Samaria is known as "hybrid law". The primary law applied in Judea and Samaria, is that which was applied before the entrance of the IDF in 1967. In the years following the six days war, a number of Israeli legislative instruments were applied incrementally within the areas of Israeli settlements.

 

The application of these instruments were applied personally on Israelis living in the settlements, for example, compulsory conscription to the army, payment of income tax, voting in national elections.  The law also determined legislative provisions for municipal issues, within the framework of "hybrid law", that enables the administration of Israeli settlements in Judea and Samaria in a similar way to that of settlements within the sovereign borders of the State of Israel.


Illegal construction

 

The military commander for Judea and Samaria is entrusted with enforcing the law in all its aspects, including enforcing the laws of planning and construction. Within the framework of this responsibility, the military commander, by means of the Israel Defense Forces, the Israeli Police and the civil administration enforce the law against illegal construction by Israelis and Palestinians in the area. This task also includes the evacuation of outposts and illegal settlements erected by Israelis in Judea and Samaria.