Most recently, the Trump administration has made targeted statements regarding the redevelopment of Gaza – into what some explanations seem to encompass as a “dreamland” or sought after coastal destination by tourists everywhere. But, is this…. legal? Let’s zone in on what I believe would be a large factor delineating the administration’s ability to achieve an idea of such girth – INTERNATIONAL REAL ESTATE LAW.
Who owns the land in Gaza? At current, land ownership in Gaza is covered by a complex mix of regulations and customs (yes, customs can also play a major role in legality for certain countries) that leaves no room for a unified land law. Most commonly, in the United States land/real property is easily conveyed from one person to another, and done so successfully, especially with the assistance of legal professionals and there being a more unified land law in place. Gaza’s ownership drawing board leaves large room for error – much different than the drawing board most commonly found in the United States. It is imperative to establish land ownership prior to any redevelopment taking place – something that just doesn’t seem possible or resolved in Gaza as it currently stands.
Some relevant statistics to consider;
- Based on information provided by the Palestinian Land Authority, 30% of the land in the Gaza strip has NOT been surveyed. In addition, roughly 30% of land (most privately owned) remains unregistered.
- 2% of land is Waaf land – land that has been allocated for religious endowment to a type of Islamic trust called Waaf. The ministry of Waaf maintains the exclusive right to administer decisions on the administration of Waaf properties. The properties are typically maintained with religious purpose and the ministry does not stray from this usage.
- Former settlement land has ongoing, continuous disputes as to ownership between the Government and private land owners.
The question of who owns the land in Gaza remains – and in my opinion, a question that MUST be answered prior to any redevelopment efforts. Perhaps the Trump administration has a brick path to establishment… or maybe they don’t! For only time will really tell!
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