Published in Afik News 208 06.07.2016
An owner of an apartment located at the ground floor of a condominium claimed that an area of 16 sq. of open space outside his apartment should be attached to his apartment because the land registry records show that the actual size of the apartment lacks a similar area.
The Court held that the recording at the Land Registry the apartment’s size is not sufficient to establish an ownership claim regarding an unbuilt outdoor space. Even if a clerical error exists in the Land Registry regarding the size of the apartment, this by itself cannot grant ownership rights in an area located outside the apartment, especially when such area was used for over 60 years as part of the common property of the condominium.