Adverse Possession & Gaza Land Guide

Introduction

Adverse possession is a legal principle allowing individuals to claim ownership of land after continuous, open, and exclusive use for a defined period, often 15 years under Palestinian law. This concept is vital for Palestinians seeking to protect lands lacking formal deeds or registration.

Key Points

• Many Palestinian families live on or cultivate lands that are not formally registered due to historical restrictions and occupation-era policies.
• Under Palestinian law, uninterrupted use for 15 years can establish ownership, especially for private (miri) lands.
• Documentation of this use (photos, tax payments, utility bills, witness statements) strengthens claims.

Current Challenges

• Israeli authorities do not recognize adverse possession claims in occupied territories and often classify unregistered lands as “state land.”
• Continued conflict and displacement interrupt the necessary period of continuous use.
• Legal frameworks in Gaza and the West Bank differ slightly, complicating uniform claims.

Practical Steps

• Collect and preserve evidence of long-term use, including agricultural activities, building maintenance, utility receipts, and neighborhood testimonies.
• File legal claims within Palestinian legal institutions where possible.
• Consider archiving copies of evidence internationally to ensure protection against loss or destruction.

Conclusion

Adverse possession represents a crucial tool for Palestinians to assert historical and practical ties to land amid systemic dispossession. Proactive documentation and legal awareness can help safeguard family lands for future generations.