Legal Definitions - real statute

A real statute is a type of law that primarily governs things, such as property, rather than directly governing the rights or obligations of specific individuals. Its application is typically tied to the physical location of the property or asset it concerns. This means that the law of the place where the property is located will generally apply to that property, regardless of where the owners or parties involved reside.

• Example 1: State Land Use Regulations

  Imagine a state in the U.S. enacts a law requiring all new construction within its borders to adhere to specific zoning codes, environmental impact assessments, and building material standards. This law would be considered a real statute because it dictates how land and structures within that state's territory must be developed and used. It applies to the physical property itself, irrespective of whether the developer lives in that state or another.

• Example 2: International Inheritance of Real Estate

  Consider a situation where a citizen of Country A owns a vacation home in Country B. Upon their death, Country B has specific laws dictating how real estate located within its borders must be inherited or transferred, such as requiring a local probate process or limiting ownership by foreign nationals. These laws of Country B are real statutes because they govern the disposition of the physical property situated in Country B, even though the deceased was a citizen of Country A and their will might have been drafted under Country A's laws.

• Example 3: Local Property Tax Laws

  A city government passes an ordinance establishing a property tax rate for all residential and commercial properties located within its municipal boundaries. This ordinance is a real statute because it imposes an obligation directly related to the physical existence and value of property situated within the city. The tax applies to the property itself, and its enforcement is tied to that specific location, regardless of where the property owner maintains their primary residence or business headquarters.