Israeli Land and Property Laws - History - British Mandate

British Mandate

World War I and the dissolution of the Ottoman Empire led to British control over the area in 1917, followed by the creation of the Mandate for Palestine by the League of Nations in 1922, which remained in effect until the establishment of Israel in 1948. During this period several new land laws were introduced, including The Land Transfer Ordinance of 1920, The Correction of Land Registers Ordinance of 1926 and The Land Settlement Ordinance of 1928.

It was the policy of the Zionist Organisation to encourage Jewish acquisition of land in Palestine for Jewish settlement. For that purpose, the Fifth Zionist Congress (1901) set up the JNF to buy suitable land. The rules of the JNF forbade it from selling the land it acquired, but to lease it. Land owned by the JNF was leased to kibbutzim and other Jewish settlements on long-term leases. At the end of 1935, JNF held 89,500 acres (362 km²) of land housing 108 Jewish communities. In 1939, 10% of the Jewish population of the British Mandate of Palestine lived on JNF land. JNF holdings by the end of the British Mandate period amounted to 936 km². By 1948, the JNF owned 54% of the land held by Jews in the region, or a bit less than 4% of the land in Palestine (excluding Transjordan).

From 1936, the British administration introduced a series of land regulations: The Land Transfer Regulations of 1940 divided the country into zones, with different restrictions on land sales in each. As summarized by the Anglo-American Committee of Inquiry in 1946,

In Zone A, consisting of about 63 percent of the country including the stony hills, land transfers save to a Palestinian Arab were in general forbidden. In Zone B. consisting of about 32 percent of the country, transfers from a Palestinian Arab save to another Palestinian Arab were severely restricted at the discretion of the High Commissioner. In the remainder of Palestine, consisting of about five percent of the country-which, however, includes the most fertile areas- land sales remained unrestricted.

The Inquiry recommended the repeal of the Regulations, without effect.

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