The mistaken improver problem occurs when an individual improves a piece of
land owned by another. This paper derives the condition under which a pote
ntial improver should invest in a costly survey to determine ownership prio
r to making irreversible investments. It then examines whether legal remedi
es available to owners and improvers can be structured to induce improvers
to make the efficient survey decision. The paper concludes by showing that
the efficient remedies do not create an incentive for improvers to make "in
tentional" mistakes in an effort to "bypass" the market. (C) 1999 Academic
Press.