Restatement of the Law Fourth,

Property

This Restatement seeks to bring comprehensiveness and coherence to American property law. Subjects to be covered include the classification of entitlements, possession, accession, and acquisition; ownership powers; protection of and limits on ownership; divided and shared ownership; title and transfer; easements, servitudes, and land use; and public rights and takings.
  • Status
  • Participants

Status Chart:

Lightbox Image
Status Details

At its meeting on October 20 and 21, 2022, the Council approved Council Draft No. 6, which contained topics from Chapter 1, Ejectment and Trespass to Land, and Chapter 2, Privileged Entries on Land, from Division One, Property Torts, of Volume 2, Interferences With, and Limits on, Ownership and Possession.

At the 2022 Annual Meeting, the membership voted to approve Tentative Draft No. 3, which includes material from Volumes 2, 3, 4, and 7 on Nuisance, Bailments, The Estate System and Related Matters, and Zoning, Planning, and Subdivision: Volume 2, Interferences with, and Limits on, Ownership and Possession: Division One, Property Torts, Chapter 2, Private Nuisance; Prima Facie Case, Topic 1, Private Nuisance, Generally (§§ 2.1 to 2.4); Volume 3, Powers and Duties Associated with Ownership: Division Three, Bailments (§§ 1 to 16); Volume 4, Divided and Shared Ownership: Division One, The Estate System, Chapter 1, Forms of Ownership (§§ 1.1 to 1.3), Chapter 2, Present Interests: Classification (§§ 2.1 to 2.6), Chapter 3, Future Interests: Classification (§§ 3.1 to 3.5), Chapter 4, Maintaining and Simplifying the Estate System (§§ 4.1 to 4.6), and Chapter 5, Waste (§§ 5.1 to 5.2); Volume 7, Land Use: Division One, Zoning, Chapter 1, The Roots of Zoning (§§ 1.1 to 1.4), Chapter 2, Fundamental Concepts (§§ 2.1 to 2.6), Chapter 3, Regulating Land Use, Structures, and Lots (§§ 3.1 to 3.4); Division Two, Planning (§§ 1 to 3); and Division Three, Subdivision (§§ 1 to 5).

At the 2021 Annual Meeting, the membership voted to approve Tentative Draft No. 2, which contains material from Volumes 1, 2, and 3 on Possession, Trespass to Land, and Bailments: Volume 1, The Basics of Property: Division Two, Possession, Chapter 1, Possession (§§ 1.1, 1.8); Volume 2, Interferences with, and Limits on, Ownership and Possession: Division One, Property Torts, Chapter 1, Trespass to Land, Topic 1, Trespass to Land (§§ 1.1, 1.3-1.5); and Volume 3, Powers and Duties Associated with Ownership: Division Three, Bailments (§§ 1, 2).

All draft approvals are subject to the discussion at the meeting and usual editorial prerogative.

For an in-depth description of this project, please visit the Property page of The ALI Adviser.

Publicly Available Products from This Project