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Title Systems and Land Values

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  • Miceli, Thomas J
  • Munneke, Henry J
  • Sirmans, C F
  • Turnbull, Geoffrey K

Abstract

The Torrens (or registration) and the recording title systems apply different principles to resolve conflicting claims to land title. This paper develops a theoretical model of how expected title risk and transactions costs affect land value across the two systems and ultimately concludes that the Torrens system leads to higher property values, ceteris paribus. It also suggests that empirical studies of the title system--land value nexus need to control for self-selection effects in the data. We use the simultaneous existence of two alternative title systems in Cook County, Illinois, as a natural experiment for comparing land values under each system. The estimates indicate that the Torrens system increases land value relative to the recording system when controlling for self-selection effects. Copyright 2002 by the University of Chicago.

Suggested Citation

  • Miceli, Thomas J & Munneke, Henry J & Sirmans, C F & Turnbull, Geoffrey K, 2002. "Title Systems and Land Values," Journal of Law and Economics, University of Chicago Press, vol. 45(2), pages 565-582, October.
  • Handle: RePEc:ucp:jlawec:v:45:y:2002:i:2:p:565-82
    DOI: 10.1086/340085
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    References listed on IDEAS

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    1. James J. Heckman, 1976. "The Common Structure of Statistical Models of Truncation, Sample Selection and Limited Dependent Variables and a Simple Estimator for Such Models," NBER Chapters, in: Annals of Economic and Social Measurement, Volume 5, number 4, pages 475-492, National Bureau of Economic Research, Inc.
    2. Baker, Matthew & Miceli, Thomas J & Sirmans, C F & Turnbull, Geoffrey K, 2002. "Optimal Title Search," The Journal of Legal Studies, University of Chicago Press, vol. 31(1), pages 139-158, January.
    3. Lee, Lung-fei & Maddala, G S & Trost, R P, 1980. "Asymptotic Covariance Matrices of Two-Stage Probit and Two-Stage Tobit Methods for Simultaneous Equations Models with Selectivity," Econometrica, Econometric Society, vol. 48(2), pages 491-503, March.
    4. McMillen, Daniel P. & McDonald, John F., 1991. "Urban land value functions with endogenous zoning," Journal of Urban Economics, Elsevier, vol. 29(1), pages 14-27, January.
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    Citations

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    Cited by:

    1. Bessen James, 2009. "Evaluating the Economic Performance of Property Systems," Review of Law & Economics, De Gruyter, vol. 5(3), pages 1037-1061, December.
    2. Annette M. Kim, 2004. "A market without the ‘right’ property rights," The Economics of Transition, The European Bank for Reconstruction and Development, vol. 12(2), pages 275-305, June.
    3. Lueck, Dean & Miceli, Thomas J., 2007. "Property Law," Handbook of Law and Economics, in: A. Mitchell Polinsky & Steven Shavell (ed.), Handbook of Law and Economics, edition 1, volume 1, chapter 3, pages 183-257, Elsevier.
      • Dean Lueck & Thomas J. Miceli, 2004. "Property Law," Working papers 2004-04, University of Connecticut, Department of Economics.
    4. Anthony Pennington-Cross, 2006. "The Value of Foreclosed Property," Journal of Real Estate Research, American Real Estate Society, vol. 28(2), pages 193-214.
    5. Bertrand Crettez & Marie Obidzinski, 2021. "The Choice of Titling System in Land and the Blockchain," Working Papers hal-04034974, HAL.
    6. Deininger, Klaus & Jin, Songqing, 2009. "Securing property rights in transition: Lessons from implementation of China's rural land contracting law," Journal of Economic Behavior & Organization, Elsevier, vol. 70(1-2), pages 22-38, May.
    7. Annette M. Kim, 2011. "Introduction: Real Rights to the City—Cases of Property Rights Changes towards Equity in Eastern Asia," Urban Studies, Urban Studies Journal Limited, vol. 48(3), pages 459-469, February.
    8. Benito ArruÒada, 2003. "Property Enforcement as Organized Consent," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 19(2), pages 401-444, October.
    9. Thomas Miceli & C. Sirmans, 2005. "Time-Limited Property Rights and Investment Incentives," The Journal of Real Estate Finance and Economics, Springer, vol. 31(4), pages 405-412, December.
    10. Arrunada, Benito & Garoupa, Nuno, 2005. "The Choice of Titling System in Land," Journal of Law and Economics, University of Chicago Press, vol. 48(2), pages 709-727, October.
    11. Miceli, Thomas J. & Munneke, Henry J. & Sirmans, C.F. & Turnbull, Geoffrey K., 2011. "A question of title: Property rights and asset values," Regional Science and Urban Economics, Elsevier, vol. 41(6), pages 499-507.
    12. Lai, Yani & Zheng, Xian & Choy, Lennon H.T. & Wang, Jiayuan, 2017. "Property rights and housing prices: An empirical study of small property rights housing in Shenzhen, China," Land Use Policy, Elsevier, vol. 68(C), pages 429-437.
    13. Ignacio Navarro & Geoffrey Turnbull, 2014. "Property Rights and Urban Development: Initial Title Quality Matters Even When it No Longer Matters," The Journal of Real Estate Finance and Economics, Springer, vol. 49(1), pages 1-22, July.

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