IDEAS home Printed from https://ideas.repec.org/a/bpj/rlecon/v5y2009i1n27.html
   My bibliography  Save this article

Building Encroachments

Author

Listed:
  • Rizzolli Matteo

    (University of Milan - Bicocca)

Abstract

Property law usually addresses encroachments with ejectment. Building encroachments differ, however, as restoring a landowners property claims implies the reversal of often large costs sustained by the builder. The authority thus confronts the following dilemma: either it stands by the landowner, thereby facing the social costs of undoing significant investments and possibly supporting an opportunistic landowner that tries to hold up the builder, or it defends the investment of the builder thereby endorsing a kind of private eminent domain. In addressing building encroachments, national property laws have deployed different remedies ranging from a property rule in favor of the landowner to a property rule in favor of the builder with a variety of liability rules, often hybridized with property rules, in between. This paper models the builder-owner conflict after the theory of optional law (Ayres, 2005); it frames different national solutions into a common analytical setting; and it evaluates the different laws in their relative allocative and distributive outcomes and their capacity to constrain opportunistic behavior.

Suggested Citation

  • Rizzolli Matteo, 2009. "Building Encroachments," Review of Law & Economics, De Gruyter, vol. 5(1), pages 661-700, November.
  • Handle: RePEc:bpj:rlecon:v:5:y:2009:i:1:n:27
    as

    Download full text from publisher

    File URL: https://www.degruyter.com/view/j/rle.2009.5.1/rle.2009.5.1.1266/rle.2009.5.1.1266.xml?format=INT
    Download Restriction: For access to full text, subscription to the journal or payment for the individual article is required.

    As the access to this document is restricted, you may want to look for a different version below or search for a different version of it.

    Other versions of this item:

    References listed on IDEAS

    as
    1. Gary S. Becker, 1974. "Crime and Punishment: An Economic Approach," NBER Chapters,in: Essays in the Economics of Crime and Punishment, pages 1-54 National Bureau of Economic Research, Inc.
    2. Williamson, Oliver E, 1973. "Markets and Hierarchies: Some Elementary Considerations," American Economic Review, American Economic Association, vol. 63(2), pages 316-325, May.
    3. Jeong-Yoo Kim, 2003. "A Proposal for a New Rule of Adverse Possession," European Journal of Law and Economics, Springer, vol. 16(3), pages 289-301, November.
    4. Hylton Keith N, 2005. "The Theory of Penalties and the Economics of Criminal Law," Review of Law & Economics, De Gruyter, vol. 1(2), pages 175-201, September.
    Full references (including those not matched with items on IDEAS)

    More about this item

    JEL classification:

    • K11 - Law and Economics - - Basic Areas of Law - - - Property Law

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:bpj:rlecon:v:5:y:2009:i:1:n:27. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Peter Golla). General contact details of provider: https://www.degruyter.com .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.