Court Awards Neighbor $7,000 for Shared Driveway Access
A district court in Nazareth ruled last month on a dispute between neighbors in Safed over a 1.4-meter wide shared access path. Judge Einav Golomb determined that the plaintiff has a right of passage through the path, but allowed the neighbors to revoke this right in exchange for a payment of 26,000 shekels (approximately $7,000 USD).
The path, located on the border between two properties and leading to both homes, is half on the plaintiff's land and half on the neighbors' land. For decades, the path served residents of both houses. However, in early 2022, the neighbors sought to build a wall along the property line, dividing the path.
The plaintiff argued the path was originally intended as a shared entrance and that dividing it would leave her with only a 70-centimeter wide passage, insufficient for reasonable access, especially given her medical conditions. The neighbors countered that they purchased their home without a registered easement for the plaintiff and that the partition was necessary for their privacy and personal security due to deteriorating relations.
The court found that original purchase agreements and property plans indicated the path was meant for both properties. It also determined the neighbors were aware of the shared use before their purchase but failed to verify any existing easement rights. Judge Golomb ruled the neighbors acted with "eyes shut" to the possibility of prior rights but acknowledged their desire for separation due to the poor neighborly relations.
An expert hired by the plaintiff estimated the cost to widen the path on her property at 52,000 shekels. The court ordered the neighbors to pay half this amount, 26,000 shekels, to the plaintiff. If the payment is not made within 90 days, the easement will be registered in the plaintiff's favor. If payment is made, the right of passage will be canceled, but the neighbors cannot alter the path for four months post-payment. No court costs were awarded to either party.
