3 ms·
>an action in rem may be brought to equitably reestablish boundaries and to quiet title from duckduckgo search (pulled from wikpedia? idk) In rem jurisdiction
by fsckboy 2y ago
>an action in rem may be brought to equitably reestablish boundaries and to quiet title
from duckduckgo search (pulled from wikpedia? idk)
In rem jurisdiction
In rem jurisdiction is a legal term describing the power a court may exercise over property or a "status" against a person over whom the court does not have in personam jurisdiction. Jurisdiction in rem assumes the property or status is the primary object of the action, rather than personal liabilities not necessarily associated with the property.
I hope that clears up any confusion!
- Kon-Peki 2y agoYou don't file a lawsuit against your neighbor, more like you are filing a lawsuit against the boundary line. You and your neighbor go to court; there is a process to determine the new boundaries that are as fair to everyone as possible. If you and your neighbor have already decided ahead of time what is fair, then the courtroom stuff is probably just rubber-stamping and recording it so that when one of you sells the next owner has a clean title. If the two of you don't agree then at least you've got someone neutral to help out. The whole thing seems to be a bit absurd but what is better?
- cruffle_duffle 2y ago> The whole thing seems to be a bit absurd but what is better? Why absurd? To me it feels like the rational way to sort it out. Wonder what Hawaii does or any other place where it isn’t unusual for “new land” to be created. Like if your lot along the coast gets extended by volcanic action does your properly line get auto-extended as well or does the extension become part of the public shoreline?
- dragonwriter 2y agoIn rem jurisdiction may be most familiar to people from civil forfeiture, where cases are captioned things like U.S. v. Approximately 64,695 pounds of shark fins, though the caption of a suit to quiet title or establish boundaries will probably be something like In re <general description of property at issue>.