Do Good Fences Make Good Neighbors?

Why, yes, they do.

There's a debate among academics in patent law now over whether patents create an anticommons (or "gridlock") problem. The debate tends to assume without proving that there would not be a worse commons problem were patent rights peeled back to disable the system of exclusive rights to technology that developed in the 19th century in the United States.

But patent rights weren't the only property rights that were secured for the first time in the 19th century United States. In fact, the invention of barbed wire (itself patented) contributed to a dramatic decrease in the costs of securing real property in the 19th century. And to what effect? Richard Hornbeck reports:

This paper uses the introduction of barbed wire fencing to the American Plains in the late 19th century to estimate the effects of property rights on farmers' production decisions. Farmers were both formally and informally required to build fences to secure their land. From 1880 to 1900, the introduction and universal adoption of barbed wire reduced the cost of fencing, relative to wooden fences, most in counties with the least woodland. Over that period, counties with the least woodland experienced substantial relative increases in the improvement intensity of farmland, the value of farmland, and the productivity and production share of crops most in need of protection. This substantial increase in agricultural development appears to reject increased security of property rights due to barbed wire fencing. Some states' previous efforts to reduce the need for fencing are not found to have had similar effects, however, suggesting a difficulty protecting property rights in sparsely settled areas through legislation and the court system.

Why would state-enforced rules not work as well? See Robert C. Ellickson and Coase. (Still not transparent? See Calabresi and Melamed.) And note that patents are more like barbed wire than like state legislative efforts to shift the costs of fencing to herd owners (described in the paper).

If this seems like ancient history to you, then consider the fact that our government is going to have to learn how to be 100x more efficient with its tax revenues over the next few decades if we are to avoid insolvency.

Here's another interesting point: Ellickson found that even barbed wire was too expensive to be worthwhile in close-knit communities of ranchers and farmers like Shasta County, California.