The heirs of a person who purchased a small part of a plot claimed ownership of its remainder by virtue of an oral agreement, while a later purchaser bought this part, paid full consideration and recorded it in the Land Registry.
The Court dismissed the claim and held that the existing recording in the Land Registry constitutes conclusive evidence of its content. The Israeli Land Law stipulates that registration of regulated land constitutes conclusive evidence of its content, conditions the validity of a transaction on a written document, and regulates the laws of conflicting transactions. The Israeli Land Titles Ordinance anchors the principle of the finality of the registry and leaves only a narrow opening for the cancellation or amendment of the record in the books. The amendment will be permitted only in exceptional cases where it is clearly proven that the recording was obtained by fraud or improperly recorded. However, the Ordinance protects the recorded right and will not allow the amendment of the rrecord if a third party has already purchased the property in good faith and for consideration. In our case: the land is regulated, and the second purchaser completed the recording in the Land Registry. The family did not present a written document regarding the purchase of the large part, whereas the later purchaser paid full consideration with the seller’s consent and the family had even signed an agreement in the past acknowledging his rights. The physical flaws and corrections in the sale documents indicated, at most, negligent work by the attorney, but not fraud or bad faith. Therefore, the area belongs to the later purchaser in accordance with the records at the Land Registry.