A variety of legal
doctrines, systems, and institutions or informal norms have emerged over time
to facilitate the effective operation of markets in property by adding value to
property assets, adding certainty to and streamlining the process of property
transactions, adding accessibility to property, or otherwise proving greater
security for property rights. These structural facilitators are sometimes
features of the property system itself (component parts of its governance) and
at other times are ancillary to the system. Some arise spontaneously by market
demands while other elements of the property law infrastructure may or may not
be possible only by means of government intervention. Some facilitators are
deliberately designed to benefit the property system, while others simply have
that effect. Some are arguably designed to enlarge “freedom” while others could
be described as restricting “freedom” in order to save it, i.e. intentionally
placing limits on autonomy to enhance the value of the property rights that
remain. This panel will examine the
theories behind and necessity of these facilitators and the property system’s
dependence on them, along with the ways they should or should not be regulated
to guide or control their effect on property markets.
Business
meeting at program conclusion.