Implied permission, in the context of real property, means means conduct or words or both that imply that an owner or occupant of land has agreed to another person's use of or ability to enter land. Each case is judged on its individual facts, but some of the facts that may be considered include:
- The other person's awareness of the use/activity
- The length of time of the activity/use.
- The lack of objection to the activity/use
Implied permission is typically used in trespass cases, to find that the alleged trespasser was actually a licensee due to a knowing lack of objection by the property owner. It is also commonly used in nuisances cases, such as finding that a failure to remove or abate a nuisance after notice is implied consent for local authorities to remove or abate the nuisance on the property owner's behalf.