A land transaction was executed about 60 years ago without a written document. The holders of the land demanded to be recognized as the legal owners of the land despite lack of a written proof.
The Court held that under law an obligation to make a land transaction requires a written document. The statute of frauds creates a constitutional demand that conditions the validity of the transaction in a written document. In this case, the transaction took place in 1958, before the Israeli Land Law came into effect and therefore the writing requirement should be seen as an evidentiary demand and not a constitutional demand. The holders of the land used it, took possession of it, built on it, including a fence that was built after requesting a building permit and later a building and in general acted as an owner for 60 years without any resistance over the years. Thus, the validity of the sale transaction between the parties is to be recognized, even though no written document was presented.