Memory tricks for ownership, easements, landlord-tenant & adverse possession
Property law governs who owns what and what they can do with it. From the bundle of rights to freehold estates to adverse possession to landlord-tenant duties — these memory tricks lock in the property law concepts that show up on every intro law and real estate exam.
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Ownership
DEEPU
Disposition · Exclude · Enjoy · Possess · Use
The Bundle of Rights — What Ownership Really Means
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.
Government limits
Eminent domain (5th Amendment takings) · zoning (police power) · taxation · escheat (property reverts to state if owner dies without heirs or will).
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.
Life estate
Ownership measured by a life. Life tenant has right to possess and use but cannot commit waste (damage that harms the future interest holder).
Concurrent Ownership
4 PITT
4 unities: Possession · Interest · Title · Time — required for Joint Tenancy
Joint Tenancy vs. Tenancy in Common
Two main ways to co-own property. Joint tenancy requires 4 PITT (all four unities) 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).
Time
Both interests must vest at the same time. Severance: one joint tenant conveying their interest to a third party destroys the joint tenancy.
Adverse Possession
OCEAN
Open · Continuous · Exclusive · Actual · Notorious (hostile)
Squatter's Rights — How to Own Land You Don't Own
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.
Actual & Hostile
Physical use of the land. Hostile = without the owner's permission. Permission defeats adverse possession — a license breaks the hostile element.
Easements
PING
Prescription · Implication · Necessity · Grant
4 Ways an Easement Can Be Created
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.
Termination
Easements end by: merger (same owner of both parcels) · express release · abandonment (with physical act) · estoppel · end of necessity.
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.
Covenant of quiet enjoyment
Landlord promises tenant will not be disturbed in possession by landlord or anyone with superior title. Implied in all leases.
Recording Acts
RAN
Race · Notice · Race-Notice — three recording act systems
Recording Acts — Who Wins When Land Is Sold Twice?
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.
Constructive notice
A recorded deed gives constructive notice to the world — can't claim BFP status if the prior deed was properly recorded in the chain of title.
Takings
JUST COMP
Just Compensation required · Physical taking · Regulatory taking · Penn Central test
5th Amendment Takings — When Government Must Pay
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).
Public use
Broadly interpreted — includes economic development (Kelo v. New London). Many states enacted laws restricting Kelo after public backlash.
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.
Common plan
Implied reciprocal servitude: if developer sells lots with a common scheme of restrictions, all lots may be bound even if not all deeds contain the restriction.