British Mandate: A Survey of Palestine: Volume I - Page 239

CHAPTER VIII.

authorities, establishing a land registry and providing that no disposition of immovable property should be valid unless recorded in the Land Registry , (the Land Transfer Ordinance, 1920) *. "Disposition" was defined as "a sale, mortgage, gift, dedication of waqf of every description, and every other disposition of immovable property, except a devise by will or a lease for a term not exceeding three years, and includes a transfer of mortgage and a lease containing an option by virtue of which the term may exceed three years". The registries opened on the 1st October, 1920.

41. The procedure of registration of all dispositions between living persons is identical. In every case the parties submit to the Registrar of Lands within whose district the property is situated a petition seeking the approval of Government. The petition is accompanied by all documents providing evidence as to title and by a certificate from the mukhtar (headman) of the village or quarter stating that the granter is the owner of the right being disposed of and setting out the situation, boundaries and description of the property. The land is, when necessary, surveyed by a Government surveyor or a private licensed surveyor.

The petition is entered in a petition book and the title is then investigated. If the granter establishes a good title the proposed transaction is communicated to the revenue officer to ensure that there are no outstanding Government taxes. On receipt by the Registry of a certificate that all taxes have been paid, the Registrar, or the advocate of the parties, prepares the necessary document in evidence of the transaction (sale, mortgage, lease, etc.). The documents are then read over and explained to the parties and signed before the Registrar who attests their due execution.

Ad valorem fees, based on a percentage of the value of the property (or of the amount of the Joan or rental if the transaction is a mortgage or lease) are paid and the documents are then passed for inscription in the register. The original of every document is retained in the Registry. Where the transaction is for a limited interest, such as a lease or mortgage, the counterparts are banded to the parties entitled to them. lu the case of an absolute disposition , such as succession or sale, certificates of registration are issued to the registered owners.

Transmission of intestate estates of deceased persons is registered on production of a certificate of succession from the competent court and evidence of the identity of the heirs. Bequests are
________________
* Drayton, Vol. II, page 881.

Page 239