Court Rules Family Owns Land Despite Conflicting Company Registration
A Tel Aviv District Court judge has ruled that a family is the rightful owner of a plot of land at the Tchelet Beach in Herzliya, despite the property being registered under a different company's name. Judge Idit Barkovitz determined that the company registry did not reflect the factual ownership, ordering a change in registration. This is a rare instance where a court has overturned official company records based on evidence presented.
The Tchelet Beach area spans 2,000 dunams and is slated for extensive development, including 12,500 to 14,000 housing units, commercial spaces, and public parks. The ownership of such a significant plot is therefore crucial.
The heirs of Israel Mitrani, including his widow and children, claimed that the deceased was the true owner of the landholding company, "Karkaot Ve'nechasim 6." This contradicted the company registry, which listed Shlomo Kampias as the owner, whose heirs, Morris and Tobi Kampias, opposed the change.
While acknowledging that company registration is generally considered proof of ownership, Judge Barkovitz stated it is a rebuttable presumption, albeit with a heavy burden of proof. The Mitrani family successfully met this burden, convincing the court that Israel Mitrani acquired the property. The court heard that Mitrani, a French businessman, purchased land in Israel in 1947, with Kampias facilitating the transactions. A company was formed in 1961, with an agreement to transfer the Herzliya property to Mitrani, indicating prior funds were provided by Mitrani for its purchase.
Further evidence included contemporaneous documents, financial reports, tax declarations, and testimony from a lawyer who handled the company's affairs 60 years ago. The judge noted that Mitrani acted as the owner of the land, while Kampias did not. The court accepted the Mitrani family's account that they only became aware of their ownership rights recently, after an individual named Adam Tal attempted to seize the property. The Kampias heirs were ordered to pay 120,000 shekels in legal expenses.
