In rem

In rem, a Latin term for "against a thing," refers to courts’ power to adjudicate matters directed against property. In rem jurisdiction is one of the two forms of personal jurisdiction, with the other being in personam jurisdiction.

A court can exercise in rem jurisdiction over any real or personal property within its territorial jurisdiction. For example, when the plaintiff filed an action to exercise a mechanic’s lien in  Publix Super Markets, Inc. v. Cheesbro Roofing, Inc., the plaintiff brought an in rem action because a mechanic’s lien requires the court to directly transfer title of property. Because decisions made in rem are binding on property rather than people, a court can exercise in rem jurisdiction even if the property’s owner is not within the court’s territorial jurisdiction.

There are two separate kinds of in rem jurisdiction a court may exercise: 

• True in rem: True in rem actions are binding against the world rather than just the parties to the action.
  • For example, an action to quiet title is a true in rem action because, if the party bringing the action prevails, people who were present and people who were not present during the action are both barred from challenging the owner’s title in the future.
• Quasi in rem: Quasi in rem actions are actions which are only binding against individual parties.
  • For example, if Person 1 is injured in the house of Person 2 and Person 1 is unable to obtain personal jurisdiction over Person 2, then Person 1 can file a quasi in rem suit against Person 2’s house.
  • If Person 1 is successful, Person 2’s house will be liquidated to pay for damages suffered by Person 1.