Property Rights
Other Real Estate
My father died recently leaving the family farm to his two children, my sister and I, in equal parts. I have lived on the farm since childhood and raised my children there. I grow flowers for export and vegetables for the home market. I support my wife and children from this. My sister lives in the city. I want to continue living and working on the moshav (village) . My sister wants to sell the farm and divide the proceeds of the sale. How can I protect my interests ?
Property Rights •Other Real EstateThe surviving son should register his “right of first refusal” at the Israel Lands Authority from which farms are rented on long leases in Israel. This right is granted under the Land Law to each heir to a farm. It gives each the first refusal/right to buy their sibling’s share of the farm. This right must be registered within two years of probate but it is best to register it immediately. The procedure for registering the right is set out in the Land Law.
The Inheritance Law gives preference to an heir who is willing and able to work the farm where division of the unit would harm its functioning. This holds where the heir who wishes to stay supports himself and his family from working the land. The law provides a mechanism for compensating the heir who does not wish to work the land.
Having said this, however, there has been a growing trend to “parcelize” land now; as this is legal many farm units can be divided up without harming them functioning as an economic, agricultural unit. This should be investigated by the brother as an alternative to buying his sister’s share of the farm.
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