Research guides

Restatement of Property

Annotations

The Restatement of the Law, Third, Property: Servitudes was published in 2000. Select case citation sources to Property (3d): Servitudes may include case citations to the §§ 450-end of the first series of the Restatement of Property.

The Restatement of the Law, Third, Property: Wills and Other Donative Transfers was published in three parts: volume 1 in 1999, volume 2 in 2003, and volume 3 in 2011. Select case citation sources to Property (3d): Wills and Other Donative Transfers may include case citations to Property (2d): Dontative Transfers and §§ 1-449 of the first series of the Restatement of Property.

The Restatement of the Law, Third, Property: Mortgages was published in 1997.

The Restatement of the Law, Second, Property: Dontative Transfers was published in four parts: volume 1 in 1983, volume 2 in 1986, volume 3 in 1988, and volume 4 in 1992. Select case citation sources may include case citations to Property (2d): Dontative Transfers with Property (3d): Wills and Other Donative Transfers.

The Restatement of the Law, Second, Property: Landlord Tenant was published in 1977.

The first series of Property was published in three parts: volumes 1 and 2 in 1936, volume 3 in 1940, and volumes 4 and 5 in 1944. Volume 6, an appendix volume that includes revisions and citations, was published in 1993. Select case citation sources may include case citations to §§ 1-449 of the first series of the Restatement of Property with Property (3d): Wills and Other Donative Transfers and §§ 450-end of the first series of the Restatement of Property with Property (3d): Servitudes.

See below for more information on finding case annotations to all three series of the Restatement of Property.

Understanding Restatement Annotations

Compiled case annotations to the Restatements can be useful tools to determine how a Restatement provision has been applied by a particular court. These annotations are available in print, on the member database HeinOnline, and on the library's Westlaw computers.

In print, case annotations can be found in pocket parts, cumulative supplements, appendices, and interim case citation pamphlets. Pocket parts are published annually and placed in the back inside "pocket" of the Restatement. Pocket parts include annotations that have cited the provisions found in that volume. Corrections to the Restatement volume are also found in the pocket part. When a pocket part has grown too large to fit in the pocket of the book, a softbound cumulative supplement is published instead. When the annotations become extensive, they are transferred to a hardbound Appendix volume. Not all Restatements have appendix volumes, and some have multiple appendix volumes. Interim case citation pamphlets are published twice a year and contain new case summaries and citations for all Restatements and Principles of the Law. For more information on case citations, see ALI's Frequently Asked Questions page.

On HeinOnline, these annotations can be found under the Restatement subject in files named Case Citations, Cumulative Annual Pocket Part, and Appendix. The Case Citations files are not cumulative. To be thorough, researchers should check all Case Citations files dated after a Cumulative Annual Pocket Part or Appendix.

On Westlaw, case annotations follow the text of the Restatement section. Westlaw indicates the currency of these annotations in the update information found above the Restatement section. In addition, KeyCiting the Restatement section by using the Citing References tab may lead to additional case citations as well as other types of documents. When applicable, these may include trial court orders, administrative decisions and guidance, other secondary sources, appellate court documents, trial court documents, and more.

Member Databases

HeinOnline's American Law Institute Library includes access to the Restatement annotations. Members must be logged in to jenkinslaw.org to access this database. HeinOnline is also available in the library.

Restatement, Third, Property: Mortgages

        • Once in HeinOnline, select American Law Institute Library > Restatements & Principles of the Law > Property > Restatement, Third, Property: Mortgages
        • Annotations are found in the 2015 Cumulative Annual Pocket Part and Case Citations files. The Case Citations files are not cumulative. To be thorough, researchers should check all Case Citations files dated after the 2015 Cumulative Annual Pocket Part.
        • The Cumulative Annual Pocket Part and Case Citation files include all case citations to the Restatement, Third, Property: Mortgages.

Restatement, Third, Property: Servitudes

        • Once in HeinOnline, select American Law Institute Library > Restatements & Principles of the Law > Property > Restatement, Third, Property: Servitudes
        • Annotations are found in the 2015 Cumulative Annual Pocket Part and Case Citations files. The Case Citations files are not cumulative. To be thorough, researchers should check all Case Citations files dated after the 2015 Cumulative Annual Pocket Part.
        • The 2015 Cumulative Annual Pocket Part includes case citations through June 2014 for Restatement, Third, Property: Servitudes and from July 1992 through June 2014 for §§ 450-end of the first series of the Restatement of Property.

Restatement, Third, Property: Wills and Other Donative Transfers

        • Once in HeinOnline, select American Law Institute Library > Restatements & Principles of the Law > Property > Restatement, Third, Property: Wills and Other Donative Transfers
        • Annotations are found in the 2015 Cumulative Annual Pocket Part and Case Citations files. The Case Citations files are not cumulative. To be thorough, researchers should check all Case Citations files dated after the 2015 Cumulative Annual Pocket Part.
        • The 2015 Cumulative Annual Pocket Part includes case citations through June 2014 for Restatement, Third, Property: Wills and Other Donative Transfers and Restatement, Second, Property: Donative Transfers. It also includes case citations from July 1992 through June 2014 to §§ 1-449 of the first series of the Restatement of Property.

Restatement, Second, Property: Donative Transfers

        • Once in HeinOnline, select American Law Institute Library > Restatements & Principles of the Law > Property > Restatement, Second, Property-Donative Transfers
        • Annotations are found in the Case Citation files. The Case Citations files are not cumulative. To be thorough, researchers should check all Case Citations files.
        • The Case Citation files begin with July 2015. For case citations through June 2014, see the 2015 Cumulative Annual Pocket Part to Restatement, Third, Property: Wills and Other Donative Transfers.

Restatement, Second, Property: Landlord and Tenant

        • Once in HeinOnline, select American Law Institute Library > Restatements & Principles of the Law > Property > Restatement, Second, Property-Landlord Tenant
        • Annotations are found in the 2015 Cumulative Annual Pocket Part and Case Citations files. The Case Citations files are not cumulative. To be thorough, researchers should check all Case Citations files dated after the 2015 Cumulative Annual Pocket Part.
        • The Cumulative Annual Pocket Part and Case Citation files include all case citations to the Restatement of the Law, Second, Property 2d: Landlord and Tenant.

Restatement of the Law, Property

        • Once in HeinOnline, select American Law Institute Library > Restatements & Principles of the Law > Property > Restatement of the Law, Property
        • Annotations are found in the Appendix volume (vol. 6), the 2015 Cumulative Annual Pocket Part, and Case Citations files. The Case Citations files are not cumulative. To be thorough, researchers should check all Case Citations files dated after the 2015 Cumulative Annual Pocket Part.
        • The Appendix volume includes case citations through June 1992 to the first series of the Restatement of Property.
        • The 2015 Cumulative Annual Pocket Part includes case citations from July 1992 through June 2014 to §§ 450-end of the first series of the Restatement of Property and Restatement, Third, Property: Servitudes.
        • For case citations from July 1992 through June 2014 to §§ 1-449 of the first series of the Restatement of Property, see the 2015 Cumulative Annual Pocket Part to the Restatement, Third, Property: Wills and Other Donative Transfers.

Onsite Westlaw

Westlaw, available on the library's Westlaw computers, includes annotations to the Restatements of the Law. Case annotations follow the text of the Restatement section. Westlaw indicates the currency of these annotations in the update information found above the Restatement section. In addition, KeyCiting the Restatement section by using the Citing References tab may lead to additional case citations as well as other types of documents. When applicable, these may include trial court orders, administrative decisions and guidance, other secondary sources, appellate court documents, trial court documents, and more.

        • Once in Westlaw, from the the All Content tab, select Secondary Sources > Restatements & Principles of the Law > Restatement of the Law - Property

Print

In print, case annotations to the Restatements can be found in the annual pocket parts located in the back inside "pocket" of each volume. Depending on the date of pocket part, additional case citations may be available in the most recent Interim Case Citations to the Restatements of the Law. When the annotations become extensive, they may also be found in softbound cumulative supplements or hardbound Appendix volumes.

Restatement of the Law, Third, Property: Mortgages
(KF695 A522 1997)

        • The cumulative supplement includes all case citations to the Restatement of the Law, Third, Property: Mortgages.

Restatement of the Law, Third, Property: Servitudes
(KF657 A522 2000)

        • The cumulative supplements include all case citations to the Restatement of the Law, Third, Property: Servitudes.
        • The cumulative supplements also include case citations beginning with July 1992 to §§ 450-end of the first series of the Restatement of the Law of Property.

Restatement of the Law, Third, Property: Wills and Other Donative Transfers
(KF716 A510 1999)

        • The cumulative supplements include all case citations to the Restatement of the Law, Third, Property: Wills and Other Donative Transfers.
        • The cumulative supplements also include all case citations to the Restatement of the Law, Second, Property 2d: Donative Transfers.
        • The cumulative supplements also include case citations beginning with July 1992 to §§ 1-449 of the first series of the Restatement of the Law of Property.

Restatement of the Law, Second, Property 2d: Donative Transfers
(KF716 A510 1983)

        • See the cumulative supplements to the Restatement of the Law, Third, Property: Wills and Other Donative Transfers for all case citations.

Restatement of the Law, Second, Property 2d: Landlord and Tenant
(KF561 A512)

        • The cumulative supplements include all case citations to the Restatement of the Law, Second, Property 2d: Landlord and Tenant.

Restatement of the Law of Property
(KF561 A507 1936)

        • The Appendix volume includes case citations to the Restatement of the Law of Property through June 1992.
        • For case citations to §§ 1-449 beginning with July 1992, see the cumulative supplements to the Restatement of the Law, Third, Property: Wills and Other Donative Transfers.
        • For case citations to §§ 450-end beginning with July 1992, see the cumulative supplements to the Restatement of the Law, Third, Property: Servitudes.

State Annotations (through 1937)

Subsequent to the publication of the first series of the Restatements, local bar associations, with the support of the American Law Institute, compiled State Annotations that demonstrated the relationship between the first series of the Restatements and the local law as it was at the time of publication of the Restatement subject.

Jenkins' print collection includes the Pennsylvania Annotations for all of the first series of the Restatements. Online access to the Pennsylvania Annotations, as well as other state annotations, is available on HeinOnline.

Restatement of the Law of Property, Pennsylvania Annotations

        • Includes Pennsylvania case citations up to and including vol. 327 (June 1937 - November 1937) of the Pennsylvania Supreme Court Reports and vol. 128 (July 1937 - November 1937) of the Pennsylvania Superior Court Reports.
        • Available on HeinOnline (Volume 1, Volume 2, Volume 3, Volume 4 & Volume 5). Also available in print.