Publication Date
1-1987
Journal
Columbia Law Review
Abstract
The article critiques the foundational principle of land law known as the "geometric-box allocation," which assumes landowners have absolute control over their property within defined boundaries. While this model provides clarity and facilitates private bargaining, the analysis argues that it often fails to account for externalities, social norms, and bilateral monopoly situations, leading to inefficiencies. The author challenges the assumption that private bargaining will always produce efficient results, particularly in low-transaction-cost scenarios, and highlights the limitations of using intent as a justification for cross-boundary allocations. The article ultimately suggests that land law doctrine reflects and reinforces both individualist and non-individualist norms, emphasizing the need for a more nuanced approach to property rights.
Volume
87
Issue
1
First Page
55
Last Page
104
Publisher
Columbia Law School
DOI
https://doi.org/10.2307/1122626
Disciplines
Contracts | Land Use Law | Law | Property Law and Real Estate
Recommended Citation
Stewart E. Sterk,
Neighbors in American Land Law,
87
Colum. L. Rev.
55
(1987).
https://doi.org/10.2307/1122626
