Land
Confiscation
Introduction
33
First Registration
Military Order 291 forbade further and current land settlement processes. The only
other option available to individuals wishing to register their land was through the
process of ‘first registration’.119 This process was similar to that of land settlement
with notable differences: the registration process was to be privately funded as
opposed to the previous process which was funded by the State. Also the process
applied to a limited area only – individual or a few plots – whereas the previous
system registered entire villages.120
Moreover, the applicant is required to prove their ownership by applying the relevant
land laws. For instance, with respect to miri land the applicant must prove actual or
effective possession, continuous cultivation of the land (Article 78 of the Ottoman
Land Code), as well as a legal source of possession such as inheritance. The provision
of an Ottoman title deed could also suffice.
Further, certain additional requirements must also be fulfilled:
- Essential documents to the application include an updated surveyor’s
map of the plot and property tax ledgers belonging to the individual
from whom the land was inherited or purchased.
- The applicant must publish a notice of application in two Arabic
newspapers widely circulated in the area and on a public sign in the
village where the plot is located.121
The applicant will bear all first Registration Committee costs including the applicant’s
and the Civil Administration’s lawyers and will then be subject to levies of five percent
119 The process of first registration is based on the Jordanian law – “law of Registration of Immovable
Property Not Previously Registered, Law No. 6, 1964” – and a series of Orders and Regulations
which were issued by the Israeli Military Commander:
Order Concerning the Amendment of the Law of Registration of Immovable Property Not
Previously Registered (Judea and Samaria) 2008, 2008.;
Regulations of Registration of Immovable Property Not Previously Registered (Applications for
Registration) (Judea and Samaria) 2008, 2008.;
Regulations of Registration of Immovable Property Not Previously Registered (Legal Procedures
at Registration Committees) (Judea and Samaria) 2008, 2009.;
Order Concerning the Amendment of the Law of Registration of Immovable Property Not
Previously Registered (Amendment) (Judea and Samaria) 2009, 2009.;
Regulations of Registration of Immovable Property Not Previously Registered (Applications for
Registration) (Amendment) (Judea and Samaria) 2009, 2009.;
Regulations of Registration of Immovable Property Not Previously Registered (Legal Procedures
at Registration Committees) (Amendment) (Judea and Samaria) 2009, 2009.
120 Suchovolsky, Kohen, and Erlikh, Land Law in Judea and Samaria, 47.
121 Order Concerning the Amendment of the Law of Registration of Immovable Property Not Previously
Registered (Judea and Samaria) 2008.
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