Abstract
In this paper, I assert that refusing to award title to an intentional encroacher gives an encroacher the incentive to remain ignorant of the true boundary, thereby possibly harming efficiency. Intuitively, if there remains much uncertainty about the title unresolved, it is very likely that a trespasser's specific investments become futile as a result of an injunction due to the original owner's ejectment suit, which is the main source of inefficiency.
| Original language | English |
|---|---|
| Pages (from-to) | 1-13 |
| Number of pages | 13 |
| Journal | International Review of Law and Economics |
| Volume | 24 |
| Issue number | 1 |
| DOIs | |
| Publication status | Published - Mar 2004 |
Keywords
- Adverse possession
- Efficiency
- Good-faith error
- Intentional trespassing
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