Restatements Relating to Property: Why Lawyers Don't Really Care

Abstract

This Article examines the genesis and evolution of the Restatements of Property. The author argues that, while the Restatement (First) of Property took as its original purpose to restate the law, in the course of its creation it was turned to reform. Subsequent Restatements of Property are dedicated almost wholly to reform. The author concludes that this shift in objectives has sparked criticism and rendered these works of less value and interest to the legislatures, bench and the bar, which have largely ignored the property Restatements.

Keywords: Restatement (First) of Property, Restatement (Second) of Property, uniform laws, model acts, American Law Institute, legal history, legal reform, property law