Real Estate in Judea and Samaria

Israeli law does not apply in Judea and Samaria. Land law in this region is based upon the Ottoman codes, and those amendments made during the British mandate and Jordanian rule periods. Additionally, various amendments and corrections were also made in accordance to need, via the Security legislation.

The role of the Supervisor of Governmental Properties in Judea and Samaria is to manage state land in the region. Administration of the land includes the authority to allocate it (for example within the framework of contractual leasing or contractual authorization) and to collect the lease fee for use, and also to maintain the grounds status as state land and to expel unauthorized incursions of state land. The role of the Supervisor of Abandoned Property in Judea and Samaria is to manage such property in this region (property whose owners and occupants have left the area), and to rent the property and safeguard the revenue for the owners. The supervision of governmental and abandoned property is one function which is based at the Civilian Administration Command in Judea and Samaria.

According to the law applied in Judea and Samaria, the Supervisor of Governmental Property is authorized to sign a certificate approving that the indicated real estate in the attached map are governmental property. In and of itself the issuing of a certificate isn't determinative, that the real estate is governmental property, rather, it removes permits by declaring that the real estate is governmental property, thereby transferring the burden of proof to one who claims otherwise. The certificate is published after carrying out comprehensive examination of the real estates' extent of use over the years and their situation in relation to property law after receiving professional legal opinion.

An intrusion by a person into state or private land not belonging to him/her constitutes the offense of trespass, and in particular situations additional provisions of law (for example the prohibition of entering a closed military area). In order to submit a complaint it is necessary to approach the nearest police station and to present all relevant existing documentation, which can substantiate the complaint when investigated. It is also possible to approach the Commander of Coordination and Communication in the district where the real estate is located, and to submit a complaint that is checked by representatives of the civilian administrator and the legal advisor to Judea and Samaria.

Most of the lands in Judea and Samaria have not undergone comprehensive settlement of title procedures. For the sake of registering 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 site, any counterclaims and the status of the land, deciding whether to grant a certificate of registration. It is possible to submit an appeal against the committee's decision to the Military Appeals Committee. The pertinent body for approaching in registering for the first time is the Land Registrar at the Civilian Administration.