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Good-faith error and intentional trespassing in adverse possession

  • Jeong Yoo Kim

Research output: Contribution to journal › Article › peer-review

2 Citations (Scopus)

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 languageEnglish
Pages (from-to)1-13
Number of pages13
JournalInternational Review of Law and Economics
Volume24
Issue number1
DOIs
Publication statusPublished - Mar 2004

Keywords

  • Adverse possession
  • Efficiency
  • Good-faith error
  • Intentional trespassing

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