WWS 370 Lecture Notes - Lecture 4: Adverse Possession

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Squatters have no incentive to improve the land they live on. Example: favelas are government-owned people who live there have no legal right to the land corruption and mafias running the place. If you misuse your land, squatters have a right to use it and produce something out of it so it doesn"t go to waste. Assumes there"s a possibility of shared rights when it comes to property. De soto says dividing rights is efficient. De soto: government enforces property rights, and they should favor the people who actually use the property. Law that says squatters can gain rights to unoccupied land they have been using. Need at least seven (7) years of obvious squatting, sometimes ten (10) years. Political power = a right of making laws with penalties of death (p. 8) Equality of men by nature justice and charity. State of nature: being equal and independent, no one should harm another in any way.

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