Guide to Filing a Claim Against the Land Registry

What is a Claim Against the Land Registry and When is it Relevant?

The Land Registry is the government body responsible for registering property rights, legal interests in real estate, liens, and encumbrances. Every registration in the deed (property certificate) is based on documents submitted to the Registry. However, errors in registered data, failure to execute legal actions that should have been taken, or delays in handling a request — can cause economic or legal damage to the property owner or anyone with an interest in the property.

A claim against the Land Registry serves as a legal remedy to correct registration, cancel erroneous registration, compel the Registry to perform an action it refused to perform, or obtain compensation for damage caused by the Registry's error or negligence. This is a complex legal process requiring a deep understanding of real estate law and Registry regulations.

At Mendelboim, Gor, Witzman-Gor and Partners Law Firm, we have over 18 years of experience handling complex real estate claims. We represent property owners, buyers, and sellers harmed by registration errors or delays in the process. On this page, we will guide you through every stage of the claim, your rights, legal risks, and the steps you must take.

Who Can File a Claim Against the Land Registry?

Any person with a legal interest in a property, or who has been harmed by a decision or action of the Registry, can file a claim. This includes property owners, mortgage holders, buyers in the course of a transaction, heirs, holders of various property rights (such as right of use, right to occupy, parking right), as well as private entities or public bodies who have suffered damage as a result of the Registry's decision.

An important requirement is that you have a direct legal interest in the matter. Not every person can file a claim — the damage or impact must be direct and tangible. For example, a neighbor harmed by a registration error in an adjacent property may not be able to file a claim unless there is a direct legal connection.

Types of Errors in Land Registry Data

Errors in registration data can be of various types, and each can lead to a claim. Here are the common types:

• Errors in Property Description: Property name, address, size (square meters), boundaries, or assignment to a specific building or lot. Such an error can lead to confusion in identifying the property and affect transactions.
• Errors in Owner Identification: Property owner's name registered incorrectly, wrong ID number, or ownership not properly registered. This can prevent an owner from performing legal actions on the property.
• Incorrect Registration of Rights: A mortgage, lien, right of use, or other right registered by mistake, or not deleted when it should have been.
• Non-Registration of Legal Rights: A property owner or rights holder proceeded through the registration process, but the Registry failed to register the right despite documents being properly submitted.
• Delays in Handling Requests: The Registry unreasonably delayed handling a request for registration, deletion, or correction of data. This can cause economic damage if a transaction or legal proceeding was halted because of this.
• Failure to Perform Legal Actions: The Registry unjustifiably refused to perform an action it was required to perform, such as deleting an invalid lien.

Consequences of Registration Data Errors

An error in registration data can have significant consequences. Property owners may encounter difficulties when selling the property, obtaining a mortgage, dividing property in divorce or inheritance, or performing improvements on the property. Buyers may discover debts or rights they were unaware of. Delays in handling requests can cause direct economic damage — for example, if a transaction failed because a lien was not deleted in time.

Additionally, registration errors can raise doubts about the validity of the registration itself, which can lead to claims against property owners, for instance by holders of prior rights.

Legal Analysis: Legal Principles in Claims Against the Land Registrar

To understand your prospects in a claim against the Land Registrar, it is important to understand the basic legal principles:

The Registrar's Liability for Errors

The Land Registrar is a state body, and like any such body, it may be liable for errors or negligence in performing its functions. However, the Registrar is not liable for every error or delay. Generally, you must prove that the Registrar acted negligently, or wrongfully rejected a request that should have been accepted.

For example, if the Registrar received documents that were insufficient for registration, and relied on them by mistake, the Registrar may be liable for the damages. Conversely, if the owners submitted incorrect documents, the Registrar may not be liable.

Right of Appeal Against the Registrar's Decisions

Under the Land Registrar Law, there is a right of appeal against the Registrar's decisions in court. This means that if the Registrar refused to take an action, or took an action that it should not have, you can appeal it in court. This appeal is often the first step before filing a claim for compensation.

Proving Damages

To obtain compensation, you must prove that you suffered direct financial damages as a result of the Registrar's error or misconduct. The damages must be measurable and real. For example, if a transaction failed due to a delay in processing a request, you can claim for the loss incurred. If the property decreased in value due to erroneous registration of a right, you can claim for the difference in value.

The Land Registrar Ordinance

The claim against the Land Registrar is based on the Land Registrar Ordinance (an old law still partially in force), the Real Estate Law, and general principles of tort law and administrative law. Generally, the claim is filed in the District Court, unless the amount of the claim is lower.

Comparative Table: Common Scenarios in Claims Against the Land Registrar

The table above presents common scenarios. Each case is unique, and the likelihood of success depends on the specific details, available evidence, and the court's position. This is why it is important to consult with an attorney experienced in real estate claims.

How Mandelbaoum, Gor, Witzman-Gor & Co. Attorneys at Law Can Help You

At Mandelbaoum, Gor, Witzman-Gor & Co. Attorneys at Law, we have extensive experience in complex real estate litigation, including claims against the Land Registrar. Since our firm's establishment in 2008, we have successfully represented numerous clients in this field, assisting property owners, buyers, sellers, and heirs who have suffered from registration errors or delays in the Land Registry process.

Our services include:

• Personal Legal Consultation: In-depth review of your case, assessment of your chances of success, and explanation of your legal options. Initial consultation at no cost.
• Preparation of a Strong Claim: Drafting of a clear, detailed, and persuasive lawsuit, with supporting evidence and compelling legal arguments.
• Negotiation Management: Negotiation with the Government Legal Counsel on behalf of the Registrar to achieve settlement or agreement.
• Court Representation: Full representation at all stages of proceedings, from mediation through to judgment.
• Judgment Enforcement: If you prevail, we will assist you in ensuring the Registrar complies with the court order.

We operate from two offices: Ramat Gan (Donesh 1) and Petach Tikva (Yoni Netanyahu 8). We offer personal consultation, careful attention to every detail of your file, and dedicated representation at all stages of the process.

If you believe you have been harmed by errors in registration data or delays in the processing of a request to the Land Registrar, we are here to help. First consultation at no cost — take the first step today.