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Good-faith error and intentional trespassing in adverse possession [An article from: International Review of Law & Economics]

Author J.Y. Kim
Publisher Elsevier
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Book Details
Author(s)J.Y. Kim
PublisherElsevier
ISBN / ASINB000RQZCXW
ISBN-13978B000RQZCX2
AvailabilityAvailable for download now
Sales Rank9,437,665
MarketplaceUnited States 🇺🇸

Description

This digital document is a journal article from International Review of Law & Economics, published by Elsevier in 2004. The article is delivered in HTML format and is available in your Amazon.com Media Library immediately after purchase. You can view it with any web browser.

Description:
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.