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What happens if the Israeli property I am buying has a registered easement or right of way across it?

A registered easement (zikat hana'ah) under Chapter Seven of the Land Law 5729-1969 runs with the land, so it binds you the moment you buy, whether or not the seller mentioned it. Section 92 lets one plot carry a right such as a neighbour's passage, parking, drainage, or utility line across your ground. The right appears on the Land Registry extract (nesach tabu), and once there it stays until formally deleted. You cannot block a lawful easement holder, and buying "clean" title does not erase it. Check the extract before signing, not after.

Israeli land law treats an easement as a property right, not a mere personal favour. Section 92 of the Land Law 5729-1969 defines a zikat hana'ah as a right entitling one person, or the owner of a benefited plot, to a limited use of another's land, or to stop the owner from a particular use. Sections 93 to 98 govern how it is created, registered, and cancelled. Because the right is registered against the parcel itself, it transfers automatically to every future owner. Reviewing the due diligence checklist for Israeli property before you sign is the only reliable way to catch one.

For a foreign buyer, the practical danger is buying land you cannot fully control. An easement might let a neighbour drive across your yard, run a sewage pipe under it, or forbid you from building in a strip that blocks their light or access. The right does not reduce the purchase tax you owe, but it can sharply cut the property's value and your building options. Have your Israeli lawyer pull a current Land Registry extract and read every note, then price the easement into your offer or make its deletion a condition of closing. A registered right is very hard to remove later without the beneficiary's agreement or a court order.

⚖ In Practice
  • Governing law: Sections 92-98, Land Law (Chok HaMekarke'in) 5729-1969, Chapter Seven on easements (zikat hana'ah)
  • Competent authority: Land Registry (Tabu, Lishkat Rishum HaMekarke’in) within the Ministry of Justice; disputes go to the Magistrates Court
  • Fees/amounts: A current Land Registry extract (nesach tabu) costs about NIS 15 online (2026); registering or deleting an easement carries a separate registration fee
  • Timeline: An easement can be deleted only by the beneficiary's written consent or a court order; contested cancellations commonly take many months to over a year
  • Extra fact: Under Section 94, an easement can also arise by continuous, open use over 30 years, so a long-used path may bind you even if it was never formally registered

From the full guide: Due Diligence for Israeli Property: A Complete Guide for Foreign Buyers

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Get a Free Consultation with Adv. Eli ShimonyPrepared under the direction of Adv. Eli Shimony, Eli Shimony Law Office · Editorial policy

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