Descriptions of Property Restatements
The American Law Institute's Restatements of the common law of property illustrate the breadth and evolution of property jurisprudence. You will find them on Westlaw and Lexis( Legal > Secondary Legal > Restatements of the Law > Property) , as well as in print as noted below:
Restatement of the Law of Property , 1936-1993 "Volumes 1 and 2 embrace general matters of terminology, the creation and general characteristics of freehold estates, and the large body of material stating the characteristics of future interests. Volume 3 completes future interests and includes not only the construction of limitations, but also the law applicable to powers of appointment and expectancies." -- v. 4, 5 are superceded. Reference KF 570 .A75 1936b
Restatement of the Law,Third, Property : Servitudes , 2000. " ... Simplifying, clarifying, and modernizing the law of covenants, easements, and profits... provides that servitudes should be interpreted to carry out the intent of the parties and to allow flexibility for adapting to changes over time; removes obstacles to innovative development practices; allows modification and termination of obsolete servitudes; protects conservation and historic-preservation servitudes; and devotes an entire chapter to the law governing residential common-interest communities and associations ." Reference KF 657 .R47
Restatement of the Law 3d, Property : Wills and Other Donative Transfers, 1999- "This first volume of this Restatement that will eventually replace Restatement Second, Property (Donative Transfers), offers a comprehensive treatment of the law of probate transfers. .. The second volume ...begins by restating the law of nonprobate transfers, including both gifts of personal property and will substitutes such as life insurance, pensions, and employee-benefit accounts. It continues with a consideration of protective doctrines such as undue influence, mental incapacity, and minority, as well as of rules for protecting surviving spouses and of the effect of premarital and marital agreements. The final division collects in one helpful place the vitally important rules and principles for ascertaining a donor’s intent..."2 vols. Reference KF 755.R48 1999
Restatement of the Law, Second :Property, 2d : Donative Transfers, 1983 - ".The first volume..., supersedes Volume 4 of the original Restatement, and is concerned with the body of law that in the interest of some overriding social policy limits the nature of the property interests a donor can create or the restraints he or she can effectively impose.... The second volume... deals with the law governing powers of appointment... The third volume of the project sets forth the rules of construction for determining a donor’s intention with respect to the identities and respective shares of donees described in the dispositive instrument as members of a class rather than individually.... Volume 4... addresses a number of important problems in the law of gifts, including gifts taking effect at the death of the donor..." Reference KF 613 .R47 1983
Restatement of the Law, Property : Mortgages, 1997 -" This Restatement constitutes the Institute’s first comprehensive examination of the law of real estate mortgages and mortgage substitutes." :Reference KF 695.A2 R435 1997
Restatement of the Law, Second, Property, 2d, Landlord and Tenant, 1977"... includes creation of the landlord-tenant relationship, tenant’s rights, tenant’s remedies, landlord’s rights and remedies, transfer by landlord or tenant of interest in leased property, tort liability of landlord, and federal bankruptcy proceedings."Reference KF 590 .A84 1977