A father and son executed a purchase agreement in which the father stated that he is the legal owner of a two-story apartment built on a plot of land and that he is transferring his rights in the apartment to his son. However, the father did not refer to the sale of all the rights in the plot. Over time, two buildings were built on the plot, with 9 apartments.
The Court held that the son is solely the owner of the rights in the apartment. The law states that a real estate transaction applies to the land together with everything connected and adjacent to it and that a transaction referring to a certain part of the land is void. However, it may be determined that the ownership of a certain part has been transferred when the possession and use of the land may be physically divided. This is especially when a purchase agreement is executed between family members, as it lacks formality, including details regarding the nature of the rights transferred within it. Here, in light of the fact that this is an agreement made between father and son, it should be read as including an agreement to divide the possession and use of the land, in a way that grants the son a right to possession of the apartment that was agreed that he would own, while the rest of the rights in the land shall be relinquished to his father's ownership. Therefore, the son is the owner of the rights solely in the apartment.