SJ Quinney College of Law, University of Utah

Utah OnLaw: The Utah Law Review Online Supplement


Current trespass law at times emphasizes that a mere physical intrusion suffices, whereas at other times it focuses on the right to use, and instead seeks to determine whether an intrusion interferes with the present beneficial use of the landowner’s premises. Using economic efficiency analysis, this Article suggests that the right to exclude approach leads to fewer transaction costs and therefore is the economically efficient and thereby the preferable legal rule.