Property and Legal Institutions

Intermediate

Exclusion Strategy

A property-law strategy that delegates a broad range of resource-use decisions to an owner and requires outsiders generally to keep off or obtain permission.

Why It Matters

Exclusion economizes on information when lawmakers cannot cheaply specify every permitted and prohibited use, while leaving difficult boundary and spillover problems to more tailored rules.

Selected Literature

A short list of directly relevant archive entries.

Related Cases

1707

Foundations of Law and Economics

Keeble v. Hickeringill

11 East 574, 103 Eng. Rep. 1127 (K.B. 1707)

Property protection, malicious interference, and incentives to make productive use of land.

1805

Foundations of Law and Economics

Pierson v. Post

3 Cai. R. 175 (N.Y. Sup. Ct. 1805)

First possession, capture rules, and the administrability of property rights in wild animals.