Legal Definitions - jus ad rem

Jus ad rem refers to a personal right to acquire specific property from another individual, based on an existing obligation or duty that person owes. It is not a full ownership right in the property itself, but rather a claim against a particular person to receive that property. This right is considered inchoate or incomplete because it has not yet fully materialized into actual possession or full legal title. It creates a duty for one person to transfer property to another, but it doesn't give the claimant direct ownership or control over the property until that transfer occurs.

Here are some examples to illustrate this concept:

• Real Estate Purchase Agreement: Imagine Sarah signs a contract to buy a specific house from John. Before the closing date, Sarah has a jus ad rem. She doesn't yet own the house, and it's still legally John's property. However, she has a personal right against John, compelling him to transfer the house to her once all conditions of the contract are met. If John tries to sell the house to someone else, Sarah's claim is against John for breach of contract, not directly against the house itself or the new potential buyer as an owner would have.
• Inheritance from a Will: Consider a situation where a will specifies that a particular antique watch is to be given to Emily. Before the estate is fully settled and the watch is formally transferred to her, Emily holds a jus ad rem. She has a personal right against the executor of the will, who has the duty to ensure the watch is delivered to her according to the will's terms. Until that transfer happens, she doesn't legally own the watch, but she has a strong claim against the executor to receive it.
• Commissioned Artwork: Suppose a collector commissions a unique, custom-painted portrait from an artist, paying a significant deposit. While the artist is still working on the painting, the collector has a jus ad rem. The collector has a personal right against the artist, who is obligated to complete and deliver that specific artwork. The collector doesn't own the unfinished painting, nor can they claim it directly from the artist's studio as if it were already theirs. Their right is a personal claim against the artist to fulfill the contractual duty and deliver the finished piece.