Legal Updates

Non-eviction of a squatter for years does not prevent withdrawal of the created implicit license

January 23, 2019

A family lived on a public land for close to 50 years until the government decided to demand their eviction.

The Court held that the family are squatters in the land and are to be evicted.  In order to create a license to use a land there is no need for an explicit agreement and the behavior of landowner from which one may deduce a retrospective agreement to the use of another of the property is enough ("Implicit License"). However, an Implicit License may be revoked at any time by the landowner voicing that the acts in respect of which the license was granted are no longer acceptable.  Here the squatters lived on the land for close to 50 years but this does not create any right in land beyond an implicit license and their eviction may be demanded.