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Memory tricks for property law

Freehold estates, adverse possession, easements, landlord-tenant, recording acts, takings, and covenants.

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⚖️ Property Law

Memory Tricks

Proven Mnemonics & Acronyms — fast to learn, hard to forget.

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Ownership
DEEPU (D=Dominion, E=Exclusion, E=Enjoyment, P=Profit, U=Use and alienation) — the five rights in the bundle of property rights
Disposition · Exclude · Enjoy · Possess · Use
Disposition · Exclude · Enjoy · Possess · Use
Property ownership isn't one right — it's a bundle. DEEPU: the right to Dispose (sell, gift, devise) · Exclude others · Enjoy the property · Possess it · Use it as you wish. Government can limit these rights through zoning, eminent domain, and police power — but cannot eliminate them entirely without compensation.
Disposition
Right to sell, give away, lease, or devise the property by will. Restraints on alienation are generally disfavored and often void.
Exclude
The right to exclude others is considered the most fundamental stick in the bundle — Jacque v. Steenberg Homes.
Enjoy & Possess
Right to physically occupy and peacefully enjoy. Interference by another (nuisance) can be enjoined or give rise to damages.
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🃏 Ownership
DEEPU
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DEEPU (D=Dominion, E=Exclusion, E=Enjoyment, P=Profit, U=Use and alienation) — the five rights in the bundle of property rights
DispositionRight to sell, give away, lease, or devise the property by will. Restraints on alienation are generally disfavored and often void.
ExcludeThe right to exclude others is considered the most fundamental stick in the bundle — Jacque v. Steenberg Homes.
Enjoy & PossessRight to physically occupy and peacefully enjoy. Interference by another (nuisance) can be enjoined or give rise to damages.
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Freehold Estates
FFAST (F=Fee simple absolute, F=Fee simple defeasible, A=fee tail Abolished, S=life eState, T=Tenancy for years) — freehold estates
Fee simple absolute · Fee simple defeasible · Life estate · Tenancy · (Future interests)
Fee simple absolute · Fee simple defeasible · Life estate · Tenancy · (Future interests)
Freehold estates are ownership interests in land. FFAST: Fee Simple Absolute (greatest ownership — forever, no conditions) · Fee Simple Defeasible (ownership that can be lost on a condition) · Life Estate (ownership for someone's lifetime) · Future interests follow each defeasible or life estate.
Fee simple absolute
Unlimited duration, freely transferable, no conditions. "To A and her heirs." Most complete ownership interest possible.
Fee simple determinable
"To A so long as used for school purposes." Automatically reverts to grantor (possibility of reverter) on condition. Words: so long as, while, during, until.
Fee simple on condition subsequent
"To A, but if not used as a school, grantor may re-enter." Does NOT automatically revert — grantor must exercise right of entry.
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🃏 Freehold Estates
FFAST
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FFAST (F=Fee simple absolute, F=Fee simple defeasible, A=fee tail Abolished, S=life eState, T=Tenancy for years) — freehold estates
Fee simple absoluteUnlimited duration, freely transferable, no conditions. "To A and her heirs." Most complete ownership interest possible.
Fee simple determinable"To A so long as used for school purposes." Automatically reverts to grantor (possibility of reverter) on condition. Words: so long as, while, during, until.
Fee simple on condition subsequent"To A, but if not used as a school, grantor may re-enter." Does NOT automatically revert — grantor must exercise right of entry.
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Concurrent Ownership
4 forms: Tenancy in common, Joint tenancy, Tenancy by the entirety, Tenancy in partnership — and joint tenancy needs PITT: Possession, Interest, Time, Title (the 4 unities)
4 unities: Possession · Interest · Title · Time — required for Joint Tenancy
4 unities: Possession · Interest · Title · Time — required for Joint Tenancy
Two main ways to co-own property. Joint tenancy requires PITT (all four unities: Possession, Interest, Time, Title) and includes the right of survivorship — the surviving co-owner gets the whole property. Tenancy in common has no survivorship — each owner's share passes to their heirs. Destroying any unity severs joint tenancy into tenancy in common.
Possession
Both tenants must have right to possess the whole. Cannot exclude each other from any portion.
Interest
Equal shares — if two joint tenants, each owns 50%. Cannot have unequal interests in a joint tenancy.
Title
Both must acquire title from the same instrument (same deed or will).
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🃏 Concurrent Ownership
Concurrent ownership — the four forms, and what is PITT?
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4 forms: Tenancy in common, Joint tenancy, Tenancy by the entirety, Tenancy in partnership — and joint tenancy needs PITT: Possession, Interest, Time, Title (the 4 unities)
PossessionBoth tenants must have right to possess the whole. Cannot exclude each other from any portion.
InterestEqual shares — if two joint tenants, each owns 50%. Cannot have unequal interests in a joint tenancy.
TitleBoth must acquire title from the same instrument (same deed or will).
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Adverse Possession
OCEAN (O=Open and notorious, C=Continuous, E=Exclusive, A=Actual, N=Notorious/Hostile) — elements of adverse possession
Open · Continuous · Exclusive · Actual · Notorious (hostile)
Open · Continuous · Exclusive · Actual · Notorious (hostile)
Adverse possession lets a trespasser gain legal title after meeting OCEAN for the statutory period (typically 10–21 years depending on the state). All five elements must be satisfied continuously for the full period. Think of a neighbor who openly uses a strip of your land for 20 years — they may own it.
Open & Notorious
Use visible enough that a reasonable owner inspecting the land would notice. Cannot be hidden or secretive — the owner must have constructive notice.
Continuous
Uninterrupted use for the statutory period — consistent with how a typical owner would use that type of land. Seasonal use can qualify for seasonal property.
Exclusive
Possessor holds the land as an owner would — not sharing with the true owner or the general public.
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🃏 Adverse Possession
OCEAN
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OCEAN (O=Open and notorious, C=Continuous, E=Exclusive, A=Actual, N=Notorious/Hostile) — elements of adverse possession
Open & NotoriousUse visible enough that a reasonable owner inspecting the land would notice. Cannot be hidden or secretive — the owner must have constructive notice.
ContinuousUninterrupted use for the statutory period — consistent with how a typical owner would use that type of land. Seasonal use can qualify for seasonal property.
ExclusivePossessor holds the land as an owner would — not sharing with the true owner or the general public.
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Easements
PING (P=Prescriptive easement, I=Implication, N=Necessity, G=Grant) — four ways easements are created
Prescription · Implication · Necessity · Grant
Prescription · Implication · Necessity · Grant
An easement is a non-possessory right to use another's land. PING covers the four creation methods: Prescription (like adverse possession for use) · Implication (from prior use when land is divided) · Necessity (landlocked parcel must have access) · Express Grant (written agreement). Easements appurtenant run with the land.
Easement appurtenant
Benefits an adjacent parcel (dominant estate) and burdens another (servient estate). Runs with the land — transfers automatically with the property.
Easement in gross
Personal right — benefits a person or entity, not a parcel. Utility easements, billboard easements. Generally not transferable (personal) but commercial ones are.
Easement by prescription
Like adverse possession — OCEAN elements but no exclusivity required. Open, continuous, hostile use for statutory period creates prescriptive easement.
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🃏 Easements
PING
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PING (P=Prescriptive easement, I=Implication, N=Necessity, G=Grant) — four ways easements are created
Easement appurtenantBenefits an adjacent parcel (dominant estate) and burdens another (servient estate). Runs with the land — transfers automatically with the property.
Easement in grossPersonal right — benefits a person or entity, not a parcel. Utility easements, billboard easements. Generally not transferable (personal) but commercial ones are.
Easement by prescriptionLike adverse possession — OCEAN elements but no exclusivity required. Open, continuous, hostile use for statutory period creates prescriptive easement.
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Landlord-Tenant
PQHR (P=Periodic tenancy, Q=Quiet enjoyment covenant, H=Habitability warranty, R=Rights of tenant) — landlord-tenant law
Periodic tenancy · Quiet enjoyment · Habitability · Repair & deduct
Periodic tenancy · Quiet enjoyment · Habitability · Repair & deduct
PQHR covers the core landlord-tenant framework. Landlords must provide Quiet enjoyment (no interference with possession) and an implied warranty of Habitability (livable conditions). Tenants have remedies including Repair and deduct, rent withholding, and constructive eviction if the landlord's conduct makes the premises uninhabitable.
Lease types
Term of years (fixed end date) · Periodic tenancy (month-to-month, auto-renews) · Tenancy at will (either party can terminate) · Tenancy at sufferance (holdover tenant).
Implied warranty of habitability
Residential leases only — landlord must maintain premises fit for human habitation. Cannot be waived. Tenant remedies: repair/deduct, rent withholding, rescission.
Constructive eviction
Landlord's breach so serious it renders premises uninhabitable — tenant may vacate and terminate lease. Must actually vacate to claim constructive eviction.
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🃏 Landlord-Tenant
PQHR
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PQHR (P=Periodic tenancy, Q=Quiet enjoyment covenant, H=Habitability warranty, R=Rights of tenant) — landlord-tenant law
Lease typesTerm of years (fixed end date) · Periodic tenancy (month-to-month, auto-renews) · Tenancy at will (either party can terminate) · Tenancy at sufferance (holdover tenant).
Implied warranty of habitabilityResidential leases only — landlord must maintain premises fit for human habitation. Cannot be waived. Tenant remedies: repair/deduct, rent withholding, rescission.
Constructive evictionLandlord's breach so serious it renders premises uninhabitable — tenant may vacate and terminate lease. Must actually vacate to claim constructive eviction.
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Recording Acts
RAN (R=Race recording act, A=Race-Notice recording act, N=Notice recording act) — three types of recording acts
Race · Notice · Race-Notice — three recording act systems
Race · Notice · Race-Notice — three recording act systems
When a seller conveys the same property to two buyers, recording acts determine who wins. RAN: Race (first to record wins — period) · Notice (subsequent bona fide purchaser without notice wins even if hasn't recorded) · Race-Notice (must be first to record AND take without notice — majority rule).
Race statute
First to record wins regardless of notice. Rare — only NC and LA use pure race. Rewards prompt recording; knowledge of prior conveyance irrelevant.
Notice statute
Subsequent BFP (pays value + no actual/constructive/inquiry notice of prior conveyance) prevails over prior unrecorded deed — even without recording.
Race-notice statute
Majority rule — subsequent purchaser must BOTH take without notice AND record first. Most protective of the recording system.
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🃏 Recording Acts
RAN
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RAN (R=Race recording act, A=Race-Notice recording act, N=Notice recording act) — three types of recording acts
Race statuteFirst to record wins regardless of notice. Rare — only NC and LA use pure race. Rewards prompt recording; knowledge of prior conveyance irrelevant.
Notice statuteSubsequent BFP (pays value + no actual/constructive/inquiry notice of prior conveyance) prevails over prior unrecorded deed — even without recording.
Race-notice statuteMajority rule — subsequent purchaser must BOTH take without notice AND record first. Most protective of the recording system.
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Takings
JUST COMP (Just Compensation required under the 5th Amendment Takings Clause — government must pay fair market value when taking private property)
Just Compensation required · Physical taking · Regulatory taking · Penn Central test
Just Compensation required · Physical taking · Regulatory taking · Penn Central test
The 5th Amendment says government cannot take private property for public use without just compensation. JUST COMP: physical takings (government occupies your land) always require compensation · regulatory takings (regulations that go too far) also require it · Penn Central balancing test determines when a regulation becomes a taking.
Physical taking
Government physically occupies or appropriates property — always a per se taking requiring just compensation (Loretto v. Teleprompter).
Regulatory taking
Regulation that goes too far — Penn Central factors: economic impact, interference with investment-backed expectations, character of government action.
Lucas rule
If regulation deprives owner of ALL economically beneficial use — per se taking requiring compensation unless nuisance exception applies (Lucas v. SC Coastal Council).
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🃏 Takings
Takings Clause — JUST COMP
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JUST COMP (Just Compensation required under the 5th Amendment Takings Clause — government must pay fair market value when taking private property)
Physical takingGovernment physically occupies or appropriates property — always a per se taking requiring just compensation (Loretto v. Teleprompter).
Regulatory takingRegulation that goes too far — Penn Central factors: economic impact, interference with investment-backed expectations, character of government action.
Lucas ruleIf regulation deprives owner of ALL economically beneficial use — per se taking requiring compensation unless nuisance exception applies (Lucas v. SC Coastal Council).
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Covenants
WITCH (W=Writing required, I=Intent to bind successors, T=Touch and concern the land, C=Constructive notice, H=Horizontal and vertical privity) — elements for a real covenant to run with the land
Writing · Intent · Touch & concern · Horizontal privity · Vertical privity
Writing · Intent · Touch & concern · Horizontal privity · Vertical privity
A real covenant is a promise about land use that binds future owners. WITCH: Writing · Intent to bind successors · Touch and concern the land · Horizontal privity (original parties in a land relationship) · Vertical privity (successor holds same estate). Equitable servitudes are similar but only need notice — no privity required.
Touch & concern
The covenant must relate to the use and enjoyment of the land — not a purely personal obligation. HOA dues and use restrictions typically qualify.
Horizontal privity
Original covenanting parties must share a property interest (grantor-grantee, landlord-tenant). Required for burden to run at law — NOT required for equitable servitude.
Equitable servitude
Enforceable in equity against successors with notice. Only requires: writing, intent, touch and concern, and notice. No privity needed. Injunction is the remedy.
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🃏 Covenants
WITCH
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WITCH (W=Writing required, I=Intent to bind successors, T=Touch and concern the land, C=Constructive notice, H=Horizontal and vertical privity) — elements for a real covenant to run with the land
Touch & concernThe covenant must relate to the use and enjoyment of the land — not a purely personal obligation. HOA dues and use restrictions typically qualify.
Horizontal privityOriginal covenanting parties must share a property interest (grantor-grantee, landlord-tenant). Required for burden to run at law — NOT required for equitable servitude.
Equitable servitudeEnforceable in equity against successors with notice. Only requires: writing, intent, touch and concern, and notice. No privity needed. Injunction is the remedy.
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