The term Jurisdiction is not alien to us. You must have heard a lot of people like the lawyers, the police etc.; use the term now and then. But, what does the term mean? The term has both legal, and political usages.
The term Jurisdiction is fundamentally a legal word for the power given to a legal institution to administer justice. International law, conflict of laws, constitutional law, and the authority of the executive and legislative branches of government to allocate resources to best meet the needs of society are the main sources of jurisdiction.
To put it in simpler words, the definition of Jurisdiction is the extent to which a court of law may exercise its jurisdiction over actions, lawsuits, appeals, and other processes.
The jurisdiction in which the land is located is referred to as the Jurisdiction concerning Real Estate. In general terms, this type of Juristidtion is termed Property Jurisdiction. Although it may seem unfair, a court of law has the authority to govern property, and this allows for the control of personal property as a method of resolving legal disputes.
A court may exercise one of two types of Property Jurisdiction over, or control over, property, like the following:
In Rem Jurisdiction:
When the court lacks in personam or personal jurisdiction, it has the authority to manage a property through in rem jurisdiction. A court can seize possession of a property when it lacks the usual authority to do so thanks to in rem jurisdiction. To enforce In Rem Jurisdiction, the five following conditions must be met by the property:
First, the said property must be situated within the court’s jurisdiction.
The property must have value.
Due process should be substantive.
The property must be in the court actual possession or under its sole control.
Due process of law or sufficient notice of the action must be present.
Quasi in Rem Jurisdiction:
Similar to in rem jurisdiction, quasi in rem jurisdiction enables courts to take custody of a party assets in order to compel their appearance in court. When jurisdiction over the defendant cannot be established because they are not present in the state, a quasi in rem action is frequently employed. Any ruling will solely apply to the property that was confiscated because personal jurisdiction cannot be obtained.
However, under either type of property jurisdiction, a court may seize personal property to support a legal claim in any situation.
