After the demise of a man his wife discovered that ownership of a plot of land that he had purchased from his cousins had not been recorded. The cousins refused to sign the agreement even though the consideration was paid.
The Court held that the land ownership was transferred due to the existence of a sale agreement under the law. Israeli Real Estate Law stipulates that a real estate transaction must be made in writing and be concluded by recording. However, a written document containing the details required for a real estate sale transaction may, in some cases, even if not signed, be recognized as meeting the writing requirement. Here, the sellers avoided signing the agreement even though the consideration was paid and the buyer received possession of the land for his use. Therefore, despite the fact that the agreement lacks a signature and there is no record at the Land Registry, the transaction was finalized and the ownership should be transferred.