Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-ndmmz Total loading time: 0 Render date: 2024-05-31T02:24:40.262Z Has data issue: false hasContentIssue false

5 - Acquisitive Prescription

Hardly Justified in Modern, Developed Countries

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 5 analyzes acquisitive prescription, a broader concept than adverse possession, and argues that registration-based acquisitive prescription with title and good-faith requirements can be justified by efficiency under certain conditions—Possession, however, is redundant, and may even give rise to undesirable outcomes. Given that boundary disputes can be left for another doctrine, possession-based acquisitive prescription—no matter whether possessors act in good or bad faith—can hardly be justified on an economic basis in countries with well-functioning registrars if possessors do not have title. The possession-based acquisitive prescription can only be justified in jurisdictions with dysfunctional registrars.

Type
Chapter
Information
Property Law
Comparative, Empirical, and Economic Analyses
, pp. 125 - 159
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 coreplatform@cambridge.org 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
×