As asset owners or as veteran possessors, the question frequently arises: What is the legal status of one who holds real estate "by license" or "by permission" and not by virtue of a lease agreement or ownership? These are common situations, ranging from authorization for the residence of relatives to complex usage arrangements on public or private land. Is a given permission that, even if without consideration, capable of being terminated at any time? Even after tens of years of use?
As a rule, "permission to use" (license) is a relatively weak right compared to the rest of the existing rights (such as: lease, long-term lease, easement, etc.) as it does not create a proprietary right in the real estate and it is capable of being cancelled at any time by the owner. However, in particularly exceptional cases, an "irrevocable license" may be created, granting the recipient of the permission a defense against eviction. This situation will usually be recognized when the possessor has invested significant investments in the property relying on an explicit or implied promise for long-term use, and the termination of the license would cause him an injustice too hard to bear. Even if the license is terminated, the Court may award the possessor fair financial compensation for the investments or a long eviction date.
In certain cases, it will be possible to recognize also an implied license (in the absence of a written contractual license), which is effectively the grant of permission to possess and use the area as a result of the silence of the owner who, by conduct, gave a consent to the use or possession of the land. However, as a rule, an implied license is by nature a revocable license capable of being terminated at any time and it grants a personal right against the owner of the real estate, and not a proprietary right against the whole world. When it concerns a public land, the Courts tend not to recognize the existence of a license (certainly not an irrevocable one) based merely on the fact that the public authority did not protest and did not take eviction proceedings against the trespasser or the unlawful possessor.
In a case discussed in December, 2025, in the Magistrate's Court of Tel Aviv-Yafo, the Court ordered the possessors in a residential compound adjacent to Metzitzim Beach in Tel Aviv-Yafo to vacate the area within 6 months after they held it for dozens of years. The landowners - the Tel Aviv Municipality and the Israel Land Authority - demanded the return of the real estate to their hands after many years and the Court held that when it concerns an invasion of public land, there is no substantive basis or legal justification to recognize the existence of an "implied license," based merely on the fact that the public authority did not protest and did not take eviction proceedings against the trespasser or the unlawful possessor. In addition, the right of the licensee is a personal right, which is not capable of inheritance or transfer and therefore the contention that the rights were given to the father of the family, who passed away in the meantime, was also rejected.
In conclusion, the eviction of a possessor by virtue of a license poses a complex legal challenge, but the default is that the right of the owner prevails and therefore at the time of receiving a license it is very important to prepare a detailed license agreement which will regulate well the relationship between the parties. When there is no agreement defining this, the general rule for possessors is that one must recognize that revocable permission is capable of being cancelled and that negotiations should be conducted regarding adequate compensation prior to the taking of proceedings. The general rule for owners is that one must act for relatively immediate eviction and document well the temporary character of the permission. In view of the complexity of the case law of the subject, which requires a balance between property laws and principles of justice, legal accompaniment by a lawyer specializing in the field is critical. An experienced lawyer will know how to examine the circumstances of the case in depth, prepare accurate pleadings, and manage the proceeding such that it brings a quick and efficient result, while reducing the exposure to heavy legal expenses.