Herzliya Family Ordered to Remove Unauthorized Backyard Structures After Google Street View Evidence

A dispute over a shared backyard in a Herzliya apartment complex has ended with a ruling against the Raibi family, who had claimed exclusive use of the backyard for 45 years. The family, residing in an eight-unit building on Bar Kochva Street in the Neve Israel neighborhood, had enclosed the backyard with a wall, gate, synthetic grass, and installed cameras and projectors, creating what was described as a private domain. Their upstairs neighbor contested this, filing a complaint with the Netanya Land Registry Supervisor to remove the unauthorized structures.

The legal process, which began in 2022 and was delayed by the Iron Swords conflict and the plaintiff’s health issues, concluded with the Land Registry Supervisor, Erez Steinberg, largely siding with the plaintiff. The Raibis’ defense rested on a historical claim that the backyard had been divided among neighbors 45 years ago, granting them exclusive rights. However, photographic evidence from 2011, including Google Street View images, showed the backyard was open and undivided at that time. Significant changes only began around 2018, undermining the claim of a longstanding division.

Additional testimony from another resident denied any formal division of the backyard, and a 2021 tenants’ meeting protocol presented by the Raibis was invalidated because only six of the eight owners participated, and unanimous consent is required for such decisions. A WhatsApp message from the Raibis to the plaintiff in 2020 referring to the area as a "shared garden" further weakened their case.

The ruling ordered the Raibis to dismantle the fence, synthetic grass, gate, cameras, and projectors within 60 days at their own expense, restoring the backyard to its previous state. The plaintiff was also found partially responsible for installing a locked gate and cameras in the shared area but was awarded only 4,000 shekels in legal fees from the Raibis. This case highlights how modern tools like Google Street View can impact property disputes.