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The choice of titling system in land

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  • Benito Arruñada

  • Nuno Garoupa

Abstract

This paper analyzes the choice of the socially optimal titling system assuming rational individual choices about recording, assurance and registration decisions. It focuses on the enforcement of property rights on land under private titling and the two existing public titling systems, recording and registration. When the reduction in the expected costs of eviction compensates the higher cost of initial registration, it is more efficient to introduce a registration system rather than a recording system. The development of private "title assurance" improves the standing of recording as compared to registration. This improvement depends, however, on the efficiency of the assurance technology and, also, on corrective taxation that is needed to align individual optimization, which disregards the transfer element in eviction, with social objectives.

Suggested Citation

  • Benito Arruñada & Nuno Garoupa, 2001. "The choice of titling system in land," Economics Working Papers 607, Department of Economics and Business, Universitat Pompeu Fabra, revised Dec 2004.
  • Handle: RePEc:upf:upfgen:607
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    JEL classification:

    • K11 - Law and Economics - - Basic Areas of Law - - - Property Law
    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law
    • L85 - Industrial Organization - - Industry Studies: Services - - - Real Estate Services

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