Also known as: situs · realty situs · location of real property · situs of real property
Written by attorneys · grounded in primary & secondary sources — see below
The physical location of real property that governs choice-of-law determinations for interests in land. Courts apply the law that the courts of that location would apply to questions such as the nature of interests created by mortgages or the effect of transfers.
Skylar Sullivan, a resident of State A, granted a mortgage on land located entirely in State B to Summit Bank. When a dispute arose over the nature of the interest created by the mortgage, the court looked to the law that courts in State B would apply. That determination fixed the rights of the parties in the land.
Steven Silva and Stella Shapiro, both domiciled in State C, executed a deed conveying land in State D. When a later purchaser challenged the validity of the transfer, the court evaluated the contacts of each state with the land and the parties. The analysis identified State D as having the most significant relationship to the land for the particular issue.
Select any source to read its text and confirm it supports the definition.
Sean Steele and Serena Soto obtained a divorce decree in State E that divided rental properties they owned in State F. When Sean later refused to execute deeds, Carla filed a quiet title action in State F. The court gave effect to the State E decree as it fixed the parties' rights in the land located in State F.
The physical location of the land gives the situs state the dominant regulatory interest in titles, recording systems, and marketability. Courts therefore apply the law that the courts of the situs would apply to determine the nature and effect of interests in that land.
Supporting sources
For issues involving interests in land, the most-significant-relationship test ordinarily points to the situs because that state has the primary interest in regulating titles and protecting local land markets. Other contacts, such as the place of execution or the parties' domiciles, rarely displace the situs.
Supporting sources
A court with personal jurisdiction over the spouses may adjudicate their rights in out-of-state land. The forum must give full faith and credit to that adjudication between the parties even though the land lies elsewhere.
Supporting sources
…that case, we determined whether Oklahoma law (the law of the domicile of the parties), or the law of Missouri (the law of the situs of the tort) was to be applied. In answering that question, we stated: “The rule that the existence of a right of action between spouses for personal injury is a matter of substance to be…