Comments on the Law of Servitudes in Israel

Abstract

The Land Law, 1969, brought into statutory effect a class of servitudes under the heading of “Easements”. On a first reading of the relevant provisions (sec. 5 and secs. 92–98) it might appear that their import is reasonably clear. Various questions, however, arise as to the meaning and scope of these enactments.Are the new provisions founded, to a greater or lesser degree, on either the English or American concepts, or has the legislature in Israel endeavoured not only to broaden the scope of servitudes as such, but also to give legal sanction to a new class of servitudes which would not receive recognition either in England or in America? These questions will be considered in the light of the new Law and its relationship to the general approach and legal thinking on the subject in England and the U.S.A.