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Tentative Draft No. 5 i (April 2024)

handle is hein.ali/forthprop0010 and id is 1 raw text is: THE AMERICAN
LAW INSTITUTE
Submitted by the Council to the membership of The American Law Institute
for consideration at the 2024 Annual Meeting on May 20-22, 2024
Restatement of the Law Fourth
Property
Tentative Draft No. 5
(April 2024)
SUBJECTS COVERED

VOLUME 4 Divided and Shared Ownership
DIVISION III Leases (Intro. Note)
CHAPTER 1 Basic Provisions (§§ 1.1-1.3)
CHAPTER 2 Forms of Leases (§§ 2.1-2.6)
CHAPTER 3 Formalities Required for Creating a Lease
Relationship [to come]
CHAPTER 4 Illegal Leases (§§ 4.1-4.4)
CHAPTER 5 Lessee's Right to Possession (Intro. Note;
§§ 5.1-5.7)

CHAPTER 6
CHAPTER 7

Interference with Lessee's Right to Use:
Residential Tenancies (Intro. Note;
§§ 6.1-6.4)
Interference with Permissible Use (Intro.
Note; §§ 7.1, 7.2)

CHAPTER 8 Procedures for Invoking Lessee's
Remedies (Intro. Note; §§ 8.1-8.4)
VOLUME 5 Title and Transfers of Ownership (Intro. Note)
DIVISION I   Title
CHAPTER 1 Foundations (§§ 1.1-1.5)
DIVISION III Deeds of Conveyance
CHAPTER 1 Effect and Types of Deeds (Intro. Note;
§§ 1.1-1.4)
CHAPTER 2 Delivery and Acceptance (§§ 2.1-2.3)
CHAPTER 3 The Doctrine of Merger by Deed (Intro.
Note; §§ 3.1, 3.2)

CHAPTER 4
CHAPTER 5
CHAPTER 6
CHAPTER 7
DIVISION IV
CHAPTER 2
CHAPTER 3
CHAPTER 4
CHAPTER 5

Present Warranties of Title (Intro. Note;
§§ 4.1-4.4)
Future Warranties of Title (Intro. Note;
§§ 5.1-5.4)
Remedies for Breaches of Warranties of
Title (Intro. Note; §§ 6.1-6.4)
Deed Requirements (Intro. Note;
§§ 7.1-7.5)
Recording
Types of Recording Acts (Intro. Note;
§§ 2.1-2.3)
Types of Notice (§§ 3.1, 3.2)
Recording Errors Affecting Constructive
Notice (§§ 4.1-4.5)
Forgeries, Frauds, and Incapacities
Affecting Validity of Record Title (Intro.
Note; §§ 5.1-5.10)

VOLUME 7 Public Local Land-Use Regulation
DIVISION I Zoning
CHAPTER 6 Flexibility Tools (Intro. Note; §§ 6.1-6.7)
CHAPTER 7 Nonconformities (Intro. Note; §§ 7.1-7.5)

APPENDIX A
APPENDIX B

Black Letter of Tentative Draft No. 5
Black Letter of Sections Approved by
Membership

The American Law Institute
4025 Chestnut Street
Philadelphia, PA 19104
Telephone: (215) 243-1600
Email: ali@ali.org Website: www.ali.org
©2024 by The American Law Institute
All Rights Reserved

As of the date on its cover, this draft had not been considered by the membership of The American Law Institute and therefore may not
represent the position of the Institute on any of the issues with which it deals. Any action taken by the membership with respect to this
draft may be ascertained by consulting the ALI website or the Proceedings of the Annual Meeting.

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