Registration of the Title to Land in the State of New York

Bordwell, Percy; Powell, Richard R.

doi:10.2307/1334284

Cited by 2 publications

(2 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…The issues have been controversial almost everywhere. See on this, for Australia, Whalan (1982: 3-12); England, ; France, Picod (1999: 535); Spain, Oliver (1892); and, for the US controversy of the 1930s, Powell (1938) and McDougal and Brabner-Smith (1939). that, in line with the previous analysis, when comparing registration with public recording, the latter is understood as including the services of examination and assurance of title quality provided by lawyers, title agents, title insurers, notaries and the like.…”

Section: Performance: Promised and Deliveredmentioning

confidence: 99%

Property Enforcement as Organized Consent

Arruñada

2003

Journal of Law, Economics, and Organization

View full text Add to dashboard Cite

This article develops and tests a theory of the institutions that make property rights viable, ensuring their enforcement, mobilizing the collateral value of assets and promoting growth. In contrast to contractual rights, property rights are enforced in rem, being affected only with the consent of the right holder. This ensures enforcement but is costly when multiple, potentially colliding rights are held in the same asset. Different institutions reduce the cost of gathering consents to overcome this trade-off of enforcement benefits for consent costs: recording of deeds with title insurance, registration of rights and even a regimen of purely private transactions. All three provide functionally similar services, but their relative performance varies with the number of transactions, the risk of political opportunism and regulatory consistency. The analysis also shows the rationality of allowing competition in the preparation and support of private contracts while requiring territorial monopoly in recording and registration activities, this to ensure independence and protect third parties.

show abstract

Section: Performance: Promised and Deliveredmentioning

confidence: 99%

Property Enforcement as Organized Consent

Arruñada

2003

Journal of Law, Economics, and Organization

View full text Add to dashboard Cite

show abstract

“…The issues have been controversial almost everywhere. See on this, for Australia,Whalan (1982: 3-12); England,Anderson (1992); France,Picod (1999: 535); Spain, Oliver (1892); and, for the US controversy of the 1930s,Powell (1938) andMcDougal and Brabner-Smith (1939).…”

mentioning

confidence: 99%

Property Titling and Conveyancing

Arruñada

2010

SSRN Journal

View full text Add to dashboard Cite

This chapter analyzes titling institutions and the regulation of supporting conveyancing services. After examining the tradeoff of enforcement benefits and consent costs posed by property rights, it explains how different public titling systems (privacy, recording and registration) try to solve this tradeoff, and what the consequences are for the nature and regulation of private conveyancing services. The chapter ends with a discussion of some empirical issues and data which are useful for comparing, designing and managing titling and conveyancing systems.

show abstract

Registration of the Title to Land in the State of New York

Cited by 2 publications

References 0 publications

Property Enforcement as Organized Consent

Property Enforcement as Organized Consent

Property Titling and Conveyancing

Contact Info

Product

Resources

About