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.
Tentative Draft No. 7 (Electronic PDF)
Tentative Draft No. 7 includes material from Volume 4 (Divided and Shared Ownership), on concurrent ownership and leasing, and Volume 5 (Title and Transfers of Ownership), on mortgages on real property. The membership voted to approve this draft at the 2026 Annual Meeting subject to the discussion at the Meeting and editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.
Tentative Draft No. 7 (softbound)
Tentative Draft No. 7 includes material from Volume 4 (Divided and Shared Ownership), on concurrent ownership and leasing, and Volume 5 (Title and Transfers of Ownership), on mortgages on real property. The membership voted to approve this draft at the 2026 Annual Meeting subject to the discussion at the Meeting and editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.
Tentative Draft No. 6 (Electronic PDF)
Tentative Draft No. 6 includes material from Volume 2 (Interferences with, and Limits on, Ownership and Possession), on ejectment, and Volume 4 (Divided and Shared Ownership), on concurrent ownership and leasing. The membership voted to approve this draft at the 2025 Annual Meeting subject to the discussion at the Meeting and editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.
Tentative Draft No. 5 (Electronic PDF)
Tentative Draft No. 5 includes portions of Volume 4 on Divided and Shared Ownership, Volume 5 on Title and Transfers of Ownership, and Volume 7 on Public Local Land-Use Regulation. The membership voted to approve this draft at the 2024 Annual Meeting subject to the discussion at the Meeting and editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.
Tentative Draft No. 4 (Electronic PDF)
Tentative Draft No. 4 includes portions of Volume 1 on The Basics of Property, Volume 2 on Interferences with, and Limits on, Ownership and Possession, and Volume 7 on Public Local Land-Use Regulation. At the 2023 Annual Meeting, the membership voted to approve the draft through Volume 7, Division 1, Chapter 5, subject to the discussion at the Meeting and editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published. There was insufficient time to discuss Chapters 6 and 7 of Volume 7, Division I.
Tentative Draft No. 3 (Electronic PDF)
Tentative Draft No. 3 includes material on Nuisance, Bailments, the Estate System and Related Matters, and Zoning, Planning, and Subdivision. The membership voted to approve this draft at the 2022 Annual Meeting, subject to the discussion at the Meeting and editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.
Tentative Draft No. 2 (Electronic PDF)
Tentative Draft No. 2 includes material from Volumes 1, 2, and 3 on Possession, Trespass to Land, and Bailments. The membership voted to approve this draft at the 2021 Annual Meeting, subject to the discussion at the Meeting and editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.
Tentative Draft No. 1 (Electronic PDF)
Tentative Draft No. 1 contains §§ 1.1 and 1.8 of Volume 1, Division Two, Chapter 1, Possession; §§ 1.1, 1.3-1.5 of Volume 2, Division One, Chapter 1, Topic 1, Trespass to Land; and §§ 1 and 2 of Volume 3, Division Three Bailments. This draft was prepared for consideration at the 2020 Annual Meeting, which was cancelled. The draft has not been considered by the membership of ALI and therefore does not represent the position of the Institute on any of the issues with which it deals. The draft may be revised or supplemented prior to consideration by the membership in 2021.