Property Titling and Conveyancing
Arruñada, Benito (2011), “Property Titling and Conveyancing,” in Kenneth Ayotte and Henry E. Smith, eds., Research Handbook on the Economics of Property Law, Research Handbooks in Law and Economics Series (Series editors: Richard Posner and Francesco Parisi), Edward Elgar, Cheltenham UK, 237-56.
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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.