Herzliya Family Ordered to Remove Private Yard Setup After Google Street View Evidence

A dispute over a backyard in a shared residential building in Herzliya has ended with a ruling against the Raibi family, who had claimed exclusive use of the backyard for 45 years. The building, located on Bar Kochva Street in the Neve Israel neighborhood, consists of eight apartments over two floors. The Raibi family had enclosed the backyard with a wall, locked gate, synthetic grass, a canopy, gas grill, outdoor refrigerator, cameras, and floodlights, effectively creating a private area.

A neighbor from the same floor contested this arrangement and filed a lawsuit with the Netanya Land Registry Supervisor to remove the unauthorized structures. The legal process, which began in 2022 and was delayed due to the Iron Swords conflict, Operation Shield and Sword, and the plaintiff’s urgent medical condition, concluded recently with the supervisor largely accepting the plaintiff’s claims.

The Raibis’ defense rested on a historical claim that the backyard had been divided among the upper-floor owners about 45 years ago, granting them exclusive rights. However, photographic evidence from 2011, including Google Street View images, showed an open backyard without any partitions or installations. The supervisor noted that significant changes only began around 2018, indicating a recent takeover rather than a longstanding division. Testimony from another resident also refuted the claim of any formal division or agreement.

The family presented a 2021 meeting protocol granting them exclusive use, but only six of the eight owners participated, and Israeli law requires unanimous consent for such arrangements. Additionally, a 2020 WhatsApp message from the Raibis to the plaintiff referred to the yard as a "shared garden," undermining their claim.

The supervisor ordered the Raibis to dismantle the fence, synthetic grass, paving, gate, cameras, and floodlights within 60 days at their expense, restoring the yard to its previous state. The plaintiff was also found partly responsible for installing a locked gate and cameras in the shared area but ultimately, the Raibis were ordered to pay the plaintiff 4,000 shekels in legal fees. The full report was originally published by Bizportal.