Wednesday, February 01, 2017

How To Prevent a Future Amona/Migron

As I have written in the past, much of the land that Arabs, in various property claims, assert as their 'private property' seems to be actually land that was distributed by an illegal occupying power, i.e., Jordan, and they possess no real purchase proof or even tax payment receipts.

Is there a simple way to prevent such instances in the future?

Well, based on the Levy Report, I would suggest that the Military Governor issue a land registration order that would require, say, within six months, any person, Arab or Jew, who owns property in land or structures, to present evidence of such.

Is this an unfair action?

Well, according to ElkeW (kippa tip!), in the United States, there exists a system call the recording act.

This is a legal procedure by which

an individual claiming an interest in real property (real estate) formally establishes their claim to that property. The recordation of property rights becomes particularly significant where an unscrupulous dealer in land purports to sell the same tract of land multiple times. With other kinds of property, the first buyer would be the owner of the property, and later owners would have no interest in the property and would instead have a cause of action against the original seller for fraud. With real property, however, the first buyer is not necessarily the owner, depending on the kind of statute under which the recording of such property interests operates. There are three basic kinds of statutory schemes in recording acts: race, notice, and race/notice.


Recording statutes protect purchasers only, not donees, heirs or devisees..."Chain of title" describes the documents (deeds, mortgages, contracts, covenants, easements, judgments, leases or liens) which can be found by searching back into the history of that particular piece of property. These recorded instruments give "constructive notice" to subsequent purchasers. Even though a prior interest is recorded, if it is not recorded in the proper chain of title, it does not give constructive notice to subsequent purchasers...

An example of how it works in practice.

Isn't that easy?  And acceptably legal?

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