Land-Use Doctrines

Stake, Jeffrey Evans

doi:10.1007/978-1-349-74173-1_208

The New Palgrave Dictionary of Economics and the Law 2002

DOI: 10.1007/978-1-349-74173-1_208

|View full text |Cite

Land-Use Doctrines

Jeffrey Evans Stake

Help me understand this report

Search citation statements

Order By: Relevance

Paper Sections

Select...

Citation Types

Supporting

Mentioning

Contrasting

Year Published

2009

Publication Types

Select...

Article1

Relationship

Self Cite0

Independent1

Authors

Journals

Cited by 1 publication

References 5 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

Asymmetric Information and the Law of Servitudes Governing Land

Dnes

Lueck

2009

The Journal of Legal Studies

View full text Add to dashboard Cite

The legal doctrine on servitudes has long been viewed as a Byzantine tangle of doctrine emanating from property law, contract law, and courts of equity. This paper explains the structure of the law governing servitudes on land using key ideas from the economics of information, focusing on easements and covenants and the rules governing their formation and application. We develop a model of land markets that incorporates asymmetric information (adverse selection) and specialization in ownership and use this to offer a rationale for the seemingly ad hoc limits on the use of servitudes. We stress the inability of sellers of land credibly to assure buyers that land is not encumbered by servitudes. Our model explains variations in legal doctrine over time and across jurisdictions, particularly comparing servitudes in the United States and in England. (c) 2009 by The University of Chicago. All rights reserved..

show abstract

Asymmetric Information and the Law of Servitudes Governing Land

Dnes

Lueck

2009

The Journal of Legal Studies

View full text Add to dashboard Cite

show abstract

scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.

Contact Info

customersupport@researchsolutions.com

10624 S. Eastern Ave., Ste. A-614

Henderson, NV 89052, USA

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Blog Terms and Conditions API Terms Privacy Policy Contact Cookie Preferences Do Not Sell or Share My Personal Information

Made with 💙 for researchers

Part of the Research Solutions Family.

Land-Use Doctrines

Cited by 1 publication

References 5 publications

Asymmetric Information and the Law of Servitudes Governing Land

Asymmetric Information and the Law of Servitudes Governing Land

Contact Info

Product

Resources

About