< Back

Mushaa: What an Undivided Share in Land Means

Q: Can I sell my undivided share later?

Generally yes, without the other co-owners' consent, unless a registered agreement restricts it. Finding a buyer for a share with no registered allocation can be harder than selling a registered apartment.

Q: Can other co-owners force me to sell?

A co-owner can demand dissolution of the co-ownership under the Land Law, which can result in partition or a sale of the whole with the proceeds divided; a registered agreement can limit this for a period.

Q: Is an apartment in an unregistered building a bad buy?

Not necessarily, but it carries registration and resale complications. The price should reflect them and the sale contract should describe exactly what rights you receive.

Plot of land with a fraction symbol overlaid showing undivided co-ownership

Shared ownership in undivided shares (mushaa) means that several people own one registered property together, each holding a fraction of the whole rather than a defined part of it. Under the Land Law 5729-1969 a co-owner's share extends to every square metre of the property; no co-owner owns a particular room, floor or corner unless a separate arrangement gives them one. Foreign buyers meet mushaa when offered an apartment in a building never registered as a condominium, a share in a plot of land, or a stake in a family property with many heirs. The question to answer is what you can actually use, sell and control.

What a co-owner can do under the Land Law

Use the property reasonably, provided this does not prevent other co-owners from using it too.
Transfer or mortgage their own share without needing the consent of the other co-owners, subject to any registered agreement to the contrary.
Take part in decisions on ordinary management and use, which the Land Law allows a majority of shares to decide, while decisions outside ordinary management require all co-owners.
Demand dissolution of the co-ownership at any time, which the Land Law permits unless the co-owners have agreed otherwise for a period; dissolution can be by physical partition where possible or by sale and division of the proceeds.

What a co-owner cannot do

Claim exclusive possession of a specific part of the property without an agreement that grants it.
Build, renovate or change the use of the property on their own where that goes beyond ordinary management.
Prevent another co-owner from selling their share to a stranger.
Stop a court-ordered dissolution if another co-owner validly demands it.

The co-ownership agreement (heskem shituf)

The practical answer to most mushaa problems is a co-ownership agreement that allocates exclusive use of specific parts, sets rules for management and limits the right to demand dissolution for an agreed period. The Land Law allows such an agreement to be registered in the Land Registry, and once registered it binds anyone who later acquires a share. An unregistered agreement binds only the people who signed it. If you are buying a share that is supposed to carry exclusive use of an apartment or plot, confirm that the agreement exists, that it is registered, and that it actually describes the part you are being promised.

Apartments in unregistered buildings

Many older Israeli buildings were never registered as condominiums (bayit meshutaf) under the Land Law. The owners hold undivided shares in the land and the building, and each apartment is allocated by a co-ownership agreement or simply by long practice. Buying such an apartment means buying a share plus whatever allocation exists. Ask why the building was never registered: missing certificate of completion under the Planning and Building Law 5725-1965, unpermitted construction, or an unresolved dispute are common reasons, and each affects what you can later sell.

Checks before buying a share

Obtain the Land Registry extract and count the co-owners; dozens of heirs with small shares make every decision harder.
Find out whether any co-owner has already demanded dissolution or started proceedings.
Confirm the registered co-ownership agreement and compare its allocation with what you are being sold.
Check for mortgages or attachments on other co-owners' shares; they can lead to a forced sale of the whole.
Ask a tax adviser how the Real Estate Taxation Law 5723-1963 treats the purchase of a share and its later sale.
Register a caveat in your favour under the Land Law immediately after signing.

Common mistakes

Believing a share corresponds to a specific apartment or plot without a registered agreement.
Ignoring that any co-owner can force a sale of the whole property.
Buying into a property with many absent or unknown co-owners.
Assuming a marketed 'plot' is a parcel when it is a fraction of one.
Skipping the question of why a building was never registered as a condominium.

FAQ

Can I sell my undivided share later?