It seems to me that the easement will cost, at most, the amount of money that B could get from A in court for illegally crossing B’s land. Given the additional expenditure of time and legal fees, not to mention the uncertainty of the legal outcome, it will probably be somewhat less than that.
I’m not sure how the parent managed to get to +11 votes. It introduces an additional external complication to the problem and then handles it incorrectly. The limit from this new mechanism is actually the amount that B could get from A in court for A trespassing every time A wishes to travel across B’s land for the duration of the life of the easement—which appears to be indefinite. The value of a once off trespassing suit is not all that relevant.
Well, of course. But assuming B is a rational agent, and assuming the expected damages awarded in court per trespass are additive, she’s going to wait until A has finished building his house, then take him to court for all counts of trespassing, rather than fight each one individually, since that’ll save her a great deal on time and legal fees.
I’m not sure how the parent managed to get to +11 votes. It introduces an additional external complication to the problem and then handles it incorrectly. The limit from this new mechanism is actually the amount that B could get from A in court for A trespassing every time A wishes to travel across B’s land for the duration of the life of the easement—which appears to be indefinite. The value of a once off trespassing suit is not all that relevant.
Well, of course. But assuming B is a rational agent, and assuming the expected damages awarded in court per trespass are additive, she’s going to wait until A has finished building his house, then take him to court for all counts of trespassing, rather than fight each one individually, since that’ll save her a great deal on time and legal fees.