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).

Jenkins has access to the Restatement of the Law of Property in print, on the library's Westlaw computers, and on the member database HeinOnline. Use this guide to find out more about this Restatement and how to access it.

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. 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 the Annotations page of this guide for more information about finding case citations.

Research Tip

For more information about the different Restatement series, see the About the Restatements page of this guide.

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

To help researchers navigate between the different Restatement series, ALI includes "parallel tables", found before the index of most Restatement subjects. These tables show corresponding section numbers between two series of Restatements. Some parallel tables may connect section numbers of the final Restatement with one or more earlier drafts. When using these parallel tables to find where an older series (or draft) section is located in a newer series, be sure to check all volumes of the current series - the parallel tables only point to the sections found in that particular volume.

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. (Volume 1, Volume 2, Volume 3)

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. (Volume 2)

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. (Volume 1, Volume 2, Volume 3)

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. (Volume 1, Volume 2, Volume 3, Volume 4, Volume 5)

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