Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Free Guide to Hiring a Real Estate Lawyer
Conveyancing covers the legal work involved in buying, selling, leasing or charging real estate. In Hod HaSharon the process follows national Israeli law but also interacts with local planning and municipal requirements. Most property transactions require checking title at the Land Registry - commonly called the Tabu - or dealing with long-term leases managed by the Israel Land Authority. A conveyancing lawyer helps confirm who owns the property, whether there are mortgages or liens, whether the property complies with planning and building rules, and completes the registration that transfers ownership or mortgage rights.
People often need legal help in conveyancing for several practical reasons:
- Buying a home - to review the sale contract, perform title searches, check permits, handle the closing and register ownership.
- Selling property - to prepare and review documents, remove encumbrances, and arrange a clean transfer to the buyer.
- Mortgage and refinancing - to prepare mortgage instruments, advise on bank conditions, and register the charge in the Tabu.
- Leasehold issues - to review and negotiate long-term lease terms with the Israel Land Authority or other lessors.
- Inheritance and family transfers - to assist with property transfers between relatives and to ensure compliance with tax and registration requirements.
- Disputes and defects - to protect your rights when there are boundary disputes, unregistered additions, construction without permits, or hidden defects.
- Development and subdivision - to advise on planning approvals, rights of way, easements, and municipal obligations relevant to building projects.
Key legal elements that commonly affect conveyancing in Hod HaSharon include:
- Land registration system - Most transactions must be verified and registered at the Land Registry - Tabu. Registered title gives strong legal presumptions about ownership and encumbrances. Your lawyer will obtain a Tabu extract and inspect recordings of mortgages, liens, and restrictions.
- Israel Land Authority leases - A significant share of land in Israel is under the Israel Land Authority and is leased on long-term leases rather than sold freehold. Lease terms, renewal and transfer procedures differ from freehold and require specialist attention.
- Planning and Building Law - Municipal planning and building regulations determine permitted uses, approved building plans and required permits. Unpermitted additions or discrepancies between the unit as built and the approved plan can create problems at transfer.
- Contract Law - Sale and purchase transactions are guided by general contract rules and standard templates. Lawyers negotiate terms such as deposit, conditions precedent, deadlines and remedies for breach.
- Mortgage and secured transactions - Banks and lenders use standard security documents; registration in the Tabu is necessary to create and protect priority. Redemption and release procedures must be followed to clear the title.
- Taxes and duties - Purchases commonly involve purchase tax, municipal adjustments, and potential capital gains tax for sellers. Tax rules and exemptions vary with residency, first-time buyer status and property type.
- Consumer protection and tenancy law - Where transactions involve tenants or consumer-form contracts, specific protections may apply, particularly for small residential purchasers.
It is not strictly mandatory to use a lawyer for every transaction, but using a conveyancing lawyer is strongly recommended. Lawyers perform crucial checks - title, encumbrances, planning compliance and paperwork for registration - and they represent your interests in negotiations and closing. Banks normally require a lawyer when granting a mortgage.
The Tabu is the official land registry. It records ownership, mortgages, liens and certain restrictions. A Tabu extract is the primary document to verify who legally owns the property and whether there are encumbrances that could block the sale. Your lawyer will obtain and analyze the Tabu extract as a standard step.
Freehold properties are privately owned and recorded in the Tabu as ownership. Many properties in Israel are on land leased from the Israel Land Authority - those leases are long-term and transferable but subject to the ILA rules and conditions. Leasehold transfers often require ILA consent and careful review of lease terms like remaining lease period and restrictions.
Timing varies. A straightforward contract-to-registration process typically takes several weeks to a few months. Delays arise from mortgage processing, clearing prior encumbrances, municipal certificate issues, or ILA consent. Your lawyer can provide a more accurate estimate based on the specific property and any conditions in the contract.
Bring identification, the sale contract or draft contract, any Tabu extracts you have, proof of funds or bank pre-approval, details of mortgages or liens on the property if you know them, previous purchase documents if applicable, and any correspondence with the other party or the municipality.
Payment arrangements vary and are set by agreement between buyer and seller. Commonly the buyer pays their own lawyer and the seller pays their own lawyer. In practice, the contract should specify which party pays which transaction costs. Discuss fees and who pays for specific services at the outset.
Typical costs include the purchase price, purchase tax and registration fees, legal fees for buyer and seller, agent commission if an agent is used, municipal fees such as betterment or adjustments, and notary or certification fees if required. Mortgage-related costs - bank fees and mortgage registration - are additional.
Confirm that the property matches the approved plans and that any extensions or modifications have permits. Check for outstanding municipal orders, enforcement actions or fines. Ask the lawyer to obtain municipal certificates or a current status report from the local planning department in Hod HaSharon.
Remedies depend on contract terms and whether the seller misrepresented the situation. If the issue relates to undisclosed encumbrances or title defects that were registered before closing, your lawyer can pursue remedies including indemnity, compensation or cancellation - subject to the contract and time limits. For construction defects, warranties and insurance policies may apply.
Look for a lawyer who is a member of the Israel Bar Association and who specializes in real estate or conveyancing. Ask for references, request a clear fee estimate, and confirm experience with the local Tabu, Israel Land Authority procedures and municipal planning practices in Hod HaSharon. A preliminary consultation will help you assess fit and expertise.
Useful organizations and public bodies to consult or reference during conveyancing in Hod HaSharon include:
- Land Registry - Tabu - for official title extracts and registrations.
- Israel Land Authority - for leasehold land matters and ILA consents.
- Hod HaSharon Municipality - planning and building department for local permits, inspection records and property status.
- Israel Tax Authority - for guidance on purchase tax, capital gains tax and related declarations.
- Ministry of Justice - for information on property registration procedures and legal forms.
- Israel Bar Association - for finding licensed lawyers and confirming professional standing.
- Local notaries and certified surveyors - for certified documents and accurate site plans when required.
If you need legal assistance in conveyancing, here are practical next steps:
- Gather key documents - identity papers, contract drafts, any Tabu extracts, proof of financing and municipal notices.
- Schedule an initial consultation with a Hod HaSharon conveyancing lawyer - ask for a written fee estimate and a timeline.
- Authorize the lawyer to perform searches - Tabu extract, municipal status, ILA checks and any other due diligence necessary.
- Review and negotiate contract terms - including deposit amount, conditions precedent, handling of encumbrances and deadlines.
- Coordinate mortgage processing if applicable - ensure the bank and the lawyer communicate about required documents and registration.
- Complete closing formalities - payment arrangements, signing of transfer documents and registration at the Tabu. Keep certified copies of all documents.
- After closing, confirm that the new title or mortgage is correctly registered and that municipal accounts are updated. Store all records securely and ask your lawyer for a checklist of post-closing obligations.
Engaging a local conveyancing lawyer early reduces the risk of costly surprises, protects your legal rights and helps ensure a smooth transfer or financing of property in Hod HaSharon.
