Right in rem

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Rights in rem or jus in rem means rights available to a person against the entire world. As per the law of land, every person has rights in rem. This right is available to him or her against the entire world. 

This is called a negative right because it gives the right to any person to be left alone. This means that no other person can interfere with his right. 

This specific right (jus in rem) is given via the freedoms written in Article 19 of the Indian Constitution with its restrictions. This right in rem is available to an indefinite or open class of people, i.e. available to all. 
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As per the law of the land, every person has rights in rem. This is right available to him or her against the entire world. It protects a person and a person’s property from the entire world.

A right in rem is available against the world at large; it is a right available against persons generally. Examples are rights of possession and ownership.

Thus, my right lo the peaceably occupation of my farm is right in rem. My right lo liberty and reputation is right in rem. My right a right in rem avails against the whole world.

Rights in Rem are Negative:

Rights in rem are almost always negative. It is a right to be left alone. It is a right that people should not interfere with my ownership. Rights in rem are said, though incorrectly, to be rights in expect of things, because the persons of incidence being indefinite, there is greater emphasis on the thing or object of the right. It is for this reason that rights in rem are known as real rights.

This terms is derived from the Roman term “action in rem”. A right in rem corresponds to a duty imposed upon persons in general.

Let us see some examples.

Examples

(i) The right of A after signing the contract for the purchase of land is a right in personum against B that B shall execute a deed of sale in his favour and transfer the property. After the execution of the sale deed the right of A is a right in rem available against the whole world that nobody shall interfere with his ownership.

(ii) Mr. X owns a house. This house exclusively belongs to him. He has right in rem with respect to the house. So nobody can interfere with his ownership of the house. No one can disturb his right in rem.

(iii) Mr. Y has a suitcase full of cash. This money belongs to Mr. Y exclusively. The world or anyone in it cannot take away the money from him, .i.e. they cannot disturb his possession or interfere with his ownership of the money.

Note: The highlighted part is important in point of view of exams. You must right atleast one example in the answer. This is asked in Write short notes for atleast 5 marks. Underlined part is specific to our Indian law system.