We are pleased to announce that a claim filed against our client, ICR, has been dismissed.

The claim concerned alleged proprietary rights in the “Brosh Bageva” project in Jerusalem. The plaintiffs, who are registered as owners of a negligible portion of the project’s land, argued that such registration granted them proportional ownership in all rights in the project, including additional building rights of substantial value, reflected in the addition of residential units. This was claimed despite a contractual framework that expressly limited the plaintiffs’ rights to two residential units בלבד.

The Deputy President of the Jerusalem District Court, the Honourable Ram Winograd, dismissed the claim in full and accepted our client’s position in its entirety. The Court held that, notwithstanding the registration in the Land Registry, the contractual arrangements were intended to completely sever the plaintiffs’ connection to the project, such that they were not entitled to any additional rights whatsoever. It was further determined that the registration was originally intended solely to secure the future registration of two residential units in the plaintiffs’ names (or either of them).

This is a significant decision that reinforces the binding force of contractual language and strengthens business certainty for real estate developers with respect to future rights arising from land enhancement.

ICR was represented by Advs. Ram Jeanne, Roey Dotan and Tomer Bar from our firm’s Litigation Department.