Israeli Court Orders Man to Vacate Ancestral Land After Losing Legal Battle
A court in Safed has ordered Sami Hourani to vacate approximately 3,630 square meters of land in the Akbara neighborhood of the city within 90 days. The land, designated as a forest reserve, is registered to the Development and Land Authority of Israel. The Israel Land Authority (ILA) sued Hourani and his brother, alleging they illegally occupied the land, built residential structures, a cowshed, and fences, and planted olive trees without permits.
One brother, Jalal Hourani, did not contest the lawsuit and a default judgment was issued against him in early 2023. Sami Hourani, who lives on the property with his wife and daughters, fought the lawsuit, claiming his family had occupied the land since before the establishment of the state. He asserted his parents moved to the area in 1942 and had continuously worked the land for generations, arguing that the claim was time-barred due to the passage of over 25 years.
However, the court found his arguments unconvincing. The land was registered in 1946, and Israeli property law prevents claims of adverse possession from before registration. Furthermore, Hourani was born in 1975, long after his parents allegedly occupied the land, and failed to provide documentation, such as a probate order, to prove he inherited their claim. His testimony regarding when his parents occupied the land was inconsistent and based on hearsay.
The court also dismissed Hourani's claim of an "irrevocable license" to occupy the land, citing previous rulings that such possession cannot form the basis of a statute of limitations claim. The judge noted that even if such a license existed, it was revoked when the family received a warning letter or when the lawsuit was filed.
In addition to vacating the property and demolishing structures and uprooting plantings, Hourani was ordered to pay the ILA 10,000 shekels for legal costs and attorney fees. The court noted that Hourani could pursue separate legal action regarding a plot of land previously promised to his late father.
