Legal Updates

A license to use land that was unpaid for may be revoked even after decades

April 24, 2020

A municipality demanded the eviction of a house built on public land over 30 years before that.
The Court held that the land should be vacated. When a landowner does not oppose the possession of a third party in its land, it is in fact a matter of granting a license and this prevents a claim of trespassing or a demand for payment. However, a license may be revoked at any time by the landowner notifying that that it no longer wishes to authorize the actions for which the license was granted. There are cases where a license is irrevocable but a free license, certainly in public property - cannot generally be irrevocable. Thus, when the municipality demanded the evacuation of the land and certainly when a claim for eviction was filed, the license was revoked, and the land should therefore be vacated.