Keeping the Welcome Mat Rolled-Up: Social Jsutice Theorists' Failure to Embrace Adverse Possession as a Redistributive Tool

Authors

Tessa Davis

Abstract

"The essential difference between prescription and limitation is that in the former case title can be acquired only by possession as of right. That is the antithesis of what is required for limitation, which perhaps can be described as possession as of wrong." "Property rights must be defined and structured so as to grant legal protection for particular interests while at the same time limiting that protection to ensure an environment in which all people may exercise their rights . . . . Contrary, perhaps, to popular belief this means that one of the purposes of property systems must be to distribute ownership widely. "

Recommended Citation

Davis, Tessa (2011) "Keeping the Welcome Mat Rolled-Up: Social Jsutice Theorists' Failure to Embrace Adverse Possession as a Redistributive Tool," Florida State University Journal of Transnational Law & Policy: Vol. 20: Iss. 1, Article 3.
Available at: https://ir.law.fsu.edu/jtlp/vol20/iss1/3