Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-2brh9 Total loading time: 0 Render date: 2024-11-26T01:15:19.079Z Has data issue: false hasContentIssue false

6 - Building Encroachment

In Search of an Efficiency Justification

from Part II - Immovable Property

Published online by Cambridge University Press:  18 May 2023

Yun-chien Chang
Affiliation:
Cornell Law School, New York
Get access

Summary

Chapter 6 discusses building encroachment, which is a topic closely related to adverse possession—at least in the common law. Chapter 6 documents the three different doctrinal approaches to dealing with encroachment over boundary and focuses on the building encroachment doctrine enacted in 52 jurisdictions. The prompt protest rule and encroachers’ not acting in bad faith are easy to justify economically (though not universally adopted). Encroachers’ good faith is increasingly unlikely given the advance of mapping technology. A two-tier building encroachment doctrine (with safe harbor and sure shipwreck) is best. Even though this doctrine has been used as an example of a put option, it is not, and will be inefficient if treated as such.

Type
Chapter
Information
Property Law
Comparative, Empirical, and Economic Analyses
, pp. 160 - 178
Publisher: Cambridge University Press
Print publication year: 2023

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×