British Mandate: A Survey of Palestine: Volume I - Page 271

CHAPTER VIII.

(iii) To review the administration of the Land Transfers Regulations and to make recommendations in regard to any modifications which in the view of the committee would be likely to implement the purpose of the Regulations.

110. The committee submitted their report on 28th November, 1945. They stated that they had found no evidence of contraventions of the Regulations, but that there was evidence of their evasion. These evasions arose from :-

(a) the. loophole in the third proviso to Regulation 3 (and the corresponding proviso to Regulation (4) to which reference is made in paragraph 105 (a) above; this relates to the free transfer of land made in execution of any judgment or order of a court, chief execution officer or land settlement officer in satisfaction of a mortgage executed and registered before 18th May, 1939, or delivered or made before 28th February, 1940;

(b) the procedure in the Execution Office under which, if adequate supervision is not exercised, an excessive area may be sold in satisfaction of a judgment or order; and "

(c) the present procedure of land settlement under which full title to land may be obtained contrary to the intentions of the Regulations.

The committee recommended, in regard to (a), that the loophole should be stopped by amendment of the Regulations, in regard to (bl, that the Chief Execution Officer should himself supervise any transfer to persons other than Palestinian Arabs of land situated in a restricted area and, in regard to (c), that steps should be taken by legislation to ensure that no prescriptive, equitable or possessory right to land should be given where legal right is debarred by the Regulations.

The committee also considered certain allegations that the spirit of the Regulations is being violated (1) through the practice of registration in the name of an Arab nominee of land purchased on behalf of Jews and usually occupied by them and (2) by purchase and possession of land by Jews without title. The committee were of opinion that the remedies for such violations of the spirit of the Regulations lie in the hands of the Arabs themselves; that it would be impracticable for Government to take steps which would prevent the use of Arab nominees; and that, since the Land Transfers Regulations are concerned only with title to land, questions of mere possession without title were outside their terms of reference.

111. The report of the committee is now under the consideration of Government.

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