A transaction leaving the rights of the common property ‎attached to an apartment with the seller is invalid

An apartment owner claimed that when he sold his apartment the transaction did not include the apartment’s roof and the building rights attached to it. 

The Court held that pursuant to the Israeli Land Law a transfer of a certain part of the common property rights attached to a particular apartment may be possible if the transfer is to another apartment, provided that the registration order of the condominium is amended.  A transaction for the sale of an apartment without the rights attached to it has no validity under law.  In the present case the rights were not transferred to another apartment in the building but the seller argued that he kept the rights, an invalid action and thus the full rights were transferred to the purchaser.