In Rem vs In Personam

In rem and in personam are two legal terms that you often see in Property Law and Land Law. They also appear in Contract Law, Tort Law and Jurisprudence, as they are related to the jurisdiction and the nature of a legal action.

In Pem: In rem is a Latin term that means 'against the thing'. It refers to legal actions or proceedings that are directed against a specific property or thing, rather than against a particular person. In rem actions typically involve disputes over the ownership, possession, or rights related to a specific piece of property or asset. These actions seek to establish the rights of individuals or entities concerning that property. For example, an in rem action could involve a lawsuit to determine the rightful owner of a piece of real estate, settle disputes over the distribution of an estate, or establish ownership of a valuable item like artwork.

In personam: In personam is another Latin term that means 'against the person'. It refers to legal actions or proceedings that are directed against a specific person or entity, seeking to impose a judgment, obligation, or enforce a legal right on that individual or entity. In personam actions are personal in nature and involve disputes or legal matters that are linked to an individual's or entity's legal rights, responsibilities, or liabilities. For example, a common example of an in personam action is a lawsuit filed against a person or a company for breach of contract, personal injury, or debt collection, where the court aims to enforce legal rights and obligations on that particular party.

In summary, the key distinction between in rem and in personam actions lies in whether the legal proceeding is directed against a specific property (in rem) or a particular person or entity (in personam). These terms are fundamental in understanding the nature of legal actions and the jurisdiction of the courts.