Jerusalem Court Rules on Penthouse Rooftop Dispute and Commercial Bans
Jerusalem Magistrate's Court rules on a penthouse rooftop dispute, affirming ownership while issuing a permanent injunction against operating a commercial event hall.
A bitter neighborhood dispute over a rooftop in Jerusalem's Shamgar Street has concluded in the Jerusalem Magistrate's Court, resulting in a ruling that balances property ownership rights with strict limitations on commercial use.
The Dispute Over the Rooftop
The conflict involved the owners of two adjacent penthouse duplexes purchased in 2014 and 2015. In February 2023, the plaintiffs filed a lawsuit alleging that the roof was common property and that their neighbors had carried out extensive unauthorized construction, including demolishing walls to build a 200-square-meter event hall complete with a swimming pool, kitchen, and restrooms, causing severe noise and loss of privacy.
Conversely, the defendants claimed exclusive ownership of the roof and filed a countersuit for 1.1 million NIS, claiming the plaintiffs had illegally split their apartment and built without permits.
"To the court's question, the rights to the roof are not mine," the plaintiff admitted during cross-examination.
Court Ruling and Restrictions
Judge Nail Mahana ruled that the roof belongs to the defendants based on housing company and Israel Land Authority records, supported by the plaintiff's previous arbitration admissions and financial compensation of 20,000 NIS.
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Permanent injunction issued against operating any commercial event space.
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Defendants ordered to guarantee immediate access to the floor's reinforced safe room (MMK).
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Defendants ordered to pay 20,000 NIS in legal fees to the plaintiffs.
