Homestead owners forbade their neighbors to use the service road that runs between the plots and which was used by the parties for nearly 60 years.
The Court rejected the claim and stated that the right of use is not a proprietary right and may be revoked. A land license is a permission to hold or use another's land. This is not a proprietary right, but a personal right that cannot be transferred or inherited, except with the express consent of the grantor and recipient of the license. Irrevocable license in real estate will exist only in exceptional cases, such as, inter alia, where explicit permission was given and not implied, a substantial investment was made in the land and the express consent of the landowner was given to carry out the investment. Here, the service road passes unevenly between the two plots and is even partly paved with joint funding. There was no agreement between the parties regarding joint use of the service road, certainly not permanently. The mere use of the service road for years without objection is not enough to establish the existence of an irrevocable license, and with the notification of the termination of the license, the authorization expired.