[3] The Netiv HaAvot outpost, officially an expansion of Elazar, 500 meters beyond the Elzar settlement's jurisdiction,[4] and adjacent to Alon Shvut is built on land which some human rights organizations consider privately owned Palestinian agricultural land, the former property of the Mussa family of al-Khader.

[7][6] In 2008, a second petition to demolish the outpost was filed by Peace Now, and the state said a committee would be formed to examine land ownership.

The timetable was never produced,[4] On being told by Israeli Labor MP Yuli Tamir, who confronted the residents, that the outpost had been built without permits, the Gush Etzion Council head Shaul Goldstein replied:"I have examined 200 locales around Israel, and they were all erected this way.

[7] On April 13, 2014, Israel announced its intention to retroactively declare 983 dunams around Netiv HaAvot state land, marking the largest expropriation of West Bank territory in recent times.

[7] According to Haaretz the "planned appropriation of land far exceeds the size of Netiv Ha'avot, which is built on just a few dozen dunams".

[7] Dror Etkes, head of the Peace Now settlement tracking project, described the decision as "a faithful reflection of the Netanyahu government's policy" intended to "extinguish the last embers of the negotiations with the Palestinians".