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Ius in re, or jus in re, under
civil law Civil law may refer to: * Civil law (common law) Civil law is a major branch of the law.Glanville Williams. ''Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as England and Wales and the law of the United ...
, more commonly referred to as a real right or right ''
in rem ''In rem'' jurisdiction ("power about or against 'the thing) is a legal term describing the power a court may exercise over property (either real Real may refer to: * Reality Reality is the sum or aggregate of all that is real or existent with ...
'', is a right in property, known as an interest under
common law In law, common law (also known as judicial precedent or judge-made law, or case law Case law is the collection of past legal decisions written by courts and similar tribunal A tribunal, generally, is any person or institution with authority ...
. A real right vests in a person with respect to property, inherent in his relation to it, and is good against the world (''
erga omnes ''Erga omnes'' is a Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken in the area around Rome, known as Latium. Through the power of the Rom ...
''). The primary real right is ownership (''dominium'') (freehold, leasehold, commonhold). Whether possession (''possessio'') is recognized as a real right, or merely as a source of certain powers and actions, depends on the legal system at hand. Subordinate or limited real rights generally refer to
encumbrance An encumbrance is a third party's right to, interest in, or legal liability Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, s ...
s, rights of use and security interests. The term right ''
in rem ''In rem'' jurisdiction ("power about or against 'the thing) is a legal term describing the power a court may exercise over property (either real Real may refer to: * Reality Reality is the sum or aggregate of all that is real or existent with ...
'' is derived from the action given to its holder, an actio in rem. In Latin grammar the action against the thing demands a fourth case. The underlying right itself, Ius in re, has a fifth case, as the right rests on, or burdens, the thing. By mistake the common law terminology now uses the fourth case for describing the right itself. Compare jus ad rem. *jus in re propria – the right of enjoyment (i.e., the right to use the property in any legal manner) which is incident to full ownership or property, and is often used to denote the full ownership or property itself. *jus in re aliena, or encumbrance, which includes servitudes,
security interest In finance Finance is a term for the management, creation, and study of money In a 1786 James Gillray caricature, the plentiful money bags handed to King George III are contrasted with the beggar whose legs and arms were amputated, in ...
s, real burdens, land charge,
rentcharge In English property law, a rentcharge is an annual sum paid by the owner of freehold Freehold may refer to: In real estate * Freehold (law), the tenure of property in fee simple * Customary freehold, a form of feudal tenure of land in England *Pa ...
,
emphyteusis Emphyteusis (Greek: implanting) is a perpetual contract for land that allows the holder the perpetual right to the enjoyment of a property on condition of proper care, payment of tax and rent. The right encompasses assignment and of descent. Histor ...
,
right of first refusal Right of first refusal (ROFR or RFR) is a contractual right A concession or concession agreement is a grant of rights, land or property by a government, local authority, corporation, individual or other legal entity. Public services such as ...
; land leased by another who holds title of property. Maxims: * : "A real right attaches to the usufructuary".


See also

*
ius __NOTOC__ ''Ius'' or ''Jus'' (Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken in the area around Rome, known as Latium. Through the pow ...

ius
*
Property law Property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to , alter, , , ...


References


Black's Law Dictionary (Second Edition 1910) (public domain)
{{Authority control Latin legal terminology