להחיות את העבר המת: הליכי הסדר מקרקעין ופיתוח עירוני באדמות מושעא – המקרה של שכונת שערי רחמים בנחלאות ירושלים (גוש 30108): [מתוך המדור: לעניין - מאמרים מדעיים: עיון ומחקר]

This article examines the challenges of planning and development in shared musha lands: joint land ownership without division into parcels. This obstructs urban planning and development and effects residents' property rights. Block 30108 in the Shaarei Rahamim-Nachlaot neighborhood in Jerusalem is our case study. This densely populated block has never been settled in the registries, so many owners do not know what part belongs to whom. Because of this problem, our main question is: how can urban planning and development be promoted in unsettled musha lands? We use a unique research method called "chain of title", which is part of the registry settlement process in Israel since the British Mandate with archive documents as evidence of owners' land rights. Our pilot land readjustment plan to parcellate the musha and register lands settlement of the block is proposed by the Jerusalem Planning and Construction Committee. Compared to previous plans in musha lands,this plan is unique. Its subdivision is based on its "Chain of Rights" research findings and will be implemented before the formal settlement procedure, which can take years or be stopped. The new parcels will first be registered as unsettled parcels, followed by a formal and fast registration of the settled parcels in the Register of Rights. This procedure should benefit both land owners, who will be able to manage their property, and the municipality, which can plan and develop the settled areas. If the program succeeds, it will be implemented in other regions of the country as well.