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ADVERSE POSSESSION - TITLE SYSTEMS

Updated: Mar 16, 2022

Abstract


This chapter studies the various efficiency arguments of the doctrine of adverse possession, a distinctive legal method found in civil and common law systems. We question whether there are valid arguments for the distinction between good and bad faith possession as made in most civil law systems. No study of adverse possession can be complete without a review of title systems. In a world of imperfect information on the sequence of title transfers, where competing ownership claims may arise, the finer points of the land title systems will affect efficiency.


Keywords: Good Faith, Bad Faith, Registration System, Recording Systems


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