Book contents
- Property Law
- Property Law
- Copyright page
- Dedication
- Contents
- Detailed Contents
- Figures
- Tables
- Citation Format
- Acknowledgments
- Abbreviations
- Introduction
- Part I Foundation
- Part II Immovable Property
- 5 Acquisitive Prescription
- 6 Building Encroachment
- 7 Co-Ownership Partition
- 8 Managing Co-ownership
- 9 Access to Landlocked Land
- Part III Movable Property
- Conclusion
- Book part
- References
- Index
6 - Building Encroachment
In Search of an Efficiency Justification
from Part II - Immovable Property
Published online by Cambridge University Press: 18 May 2023
- Property Law
- Property Law
- Copyright page
- Dedication
- Contents
- Detailed Contents
- Figures
- Tables
- Citation Format
- Acknowledgments
- Abbreviations
- Introduction
- Part I Foundation
- Part II Immovable Property
- 5 Acquisitive Prescription
- 6 Building Encroachment
- 7 Co-Ownership Partition
- 8 Managing Co-ownership
- 9 Access to Landlocked Land
- Part III Movable Property
- Conclusion
- Book part
- References
- Index
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.
Keywords
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- Information
- Property LawComparative, Empirical, and Economic Analyses, pp. 160 - 178Publisher: Cambridge University PressPrint publication year: 2023