Research guides

Restatement of Property

Property

"The word 'property' is used in this Restatement to denote legal relations between persons with respect to a thing. The thing may be an object having physical existence or it may be any kind of an intangible such as a patent right or a choose in action." Introductory Note to Restatement of the Law of Property at 3 (Am. Law Inst. 1936).

Series Information

The fourth series of property is currently in development. See the American Law Institute for more information.

The Restatement of the Law, Third, Property: Servitudes was published in 2000. The supplement includes all case citations for Property (Third): Servitudes as well as case citations from July 1992 to present for volume 5 (§§ 450-end) of the first series 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. The supplements include all case citations for Property (Third): Wills and Other Donative Transfers. The supplement to volume 3 also includes all case citations to Property (Second): Donative Transfers and case citations from July 1992 to present for volumes 1-4 (§§ 1-449) of the first series.

The Restatement of the Law, Third, Property: Mortgages was published in 1997. The supplement includes only case citations to Property (Third): Mortgages.

The Restatement of the Law, Second, Property: Dontative Transfers was published in four parts: volume 1 in1983, volume 2 in 1986, volume 3 in 1988, and volume 4 in 1992. Case citations to Property (Second): Donative Transfers can be found in the Property (Third): Wills and Other Donative Transfers.

The Restatement of the Law, Second, Property: Landlord Tenant was published in 1977. The supplement includes only case citations to Property (Second): Landlord Tenant.

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. The appendix to the first series includes case citations up to June 1992 for §§ 1-278, 315-317, and 450-end. The pocket part to the appendix includes case citations from July 1992 to June 2010 for §§ 1-278, 315-317, and 450-end. Case citations from July 1992 to present for volumes 1-4 (§§ 1-449) of the first series can be found in Property (Third): Wills and Other Donative Transfers. Case citations from July 1992 to present for volume 5 (§§ 450-end) can be found in the supplement to Property (Third): Servitudes.

Superseded Status

"Both the original Restatement of Property and Property 2d Donative Transfers have now been superseded and are out of print." Introduction to Property (Third): Wills and Other Donative Transfers, Volume 3, at VII (Supp. 2015).

"Portions of Volume 3 and all of Volume 4 [of the first series of Property] have been superseded by the Restatement of the Law, Second, Property 2d, Donative Transfers." Introduction to Restatement of Property, Volume 6, Appendix, at iii (1993).

For more information on superseded status, see the publication page at www.ali.org or contact the American Law Institute.

Parallel Tables

The Parallel Tables found in the back of Property (Third): Wills and Other Donative Transfers show corresponding Property (Third): Wills and Other Donative Transfers, Property (Second): Donative Transfers, and Restatement of Property (1936) section numbers. Each volume of Property (Third): Wills and Other Donative Transfers should be consulted.

The Parallel Tables found in the back of volume 2 of Property (Third): Servitudes show corresponding Property (Third): Servitudes and Restatement of Property (1936) section numbers.

The Parallel Tables found in the back of Property (Second): Donative Transfers show corresponding Property (Second): Donative Transfers and Restatement of Property (1936) section numbers. Each volume of Property, Second: Donative Transfers should be consulted.

The Parallel Tables found in the back of the Restatement of Property (1936) show corresponding Restatement of Property (1936) and Tentative and Proposed Final Draft section numbers. Each volume of Restatement of Property (1936) should be consulted.

Categories