A situs refers to the location of a property for legal purposes. The concept is used to determine who has legal authority over the property, as the location of the property determines what is known as the lex situs. Basically, the lex situs indicates which law is applicable to the property, depending on the jurisdiction in which it is located. In litigation, situs is important when an owner owns multiple properties located in different jurisdictions and there are differences between the laws of the respective jurisdictions. In this case, the place of ownership that is the subject of the dispute determines the law under which the dispute is resolved. In law, the situs (pronounced /ˈsaɪtəs/) (Latin for position or location) of a property is where the property is treated as a location for legal purposes. This may be important in determining which laws apply to the property, because the location of an object determines the lex situs, i.e. the law applicable in the country in which the object is located, which may differ from the lex fori, the law applicable in the country in which an action is brought. For example, real estate in England is governed by English law, real estate in Scotland is governed by Scots law, and real estate in France is governed by French law. In commercial real estate, the definition of situs has been expanded beyond its legal use to include commercial property in the context of environmental factors that influence its value, utility and market position. “Situs.” Merriam-Webster.com Dictionary, Merriam-Webster, www.merriam-webster.com/dictionary/situs.
Retrieved 30 September 2022. Situs is the physical location where a property or business is located. In legal terms, situs is used to establish jurisdiction over a property or facility. In the same sense, the location of a commercial property is used to determine its tax jurisdiction. Property taxes would be an example. For example, the scene of a crime is where it was committed; The location of a trust is where the trustee carries out his or her functions of administering the trust. When I look at a map, two of my three tax properties appear as having no location at the primary address What does this mean? It may be important to determine the location of an object and the lex situs, as there are important differences between the laws of different countries, which regulate, for example: whether ownership has actually been transferred; which taxes apply (e.g. inheritance tax, inheritance tax, wealth tax, income tax and capital gains tax); and whether the rules of succession or compulsory succession apply. “What is situs?” you ask. Situs is a Latin word that basically means the place or place where something exists or arises. Like most Latin words, situs is usually used for legal purposes. In the real estate industry, you will hardly hear the word.
But when they do, real estate agents typically use a way to refer to the physical location where a property is located to accurately determine the geographic location of the land based on its economic importance to taxation and legal rights related to government housing matters. For example, let`s say a commercial real estate agent uses the term in an order: “Storage is everything you`ve ever wanted, but in the long run, situs might be a bit expensive for your budget.” This is not a noble use of the word. It was necessary to distinguish the property and everything related to the value of the property (construction, size, price…) from the tax because of its location (plus possible problems of legal approval). Well, if another commercial real estate agent said, “This Lexus dealership is not going to do well because it is not a rich place,” they would just be trying to brag. And this is not the case. After all, he didn`t mean that the dealer wouldn`t be fine because of taxes or legal issues, did he? He said there would be no customers. Not to mention, if the use of situs were justified there, it would actually be a good thing for the location: a poor neighborhood is more likely to have a cheaper tax than one where the real estate value of houses is high. There are also times when situs is used in complicated legal decisions regarding real estate. Imagine there is a merger conflict or inheritance disclosure.
One of the items is livestock. Cattle are moving, aren`t they? Sometimes you have cows or horses out of state, but they are still your property. The lawyer therefore requests the disclosure of the location of this property (livestock). Almost like the plural of website: in order to understand the value of the property and the legal process (and the financial burden), he needs to know where he is currently and where he comes from so that he can understand how to proceed and advise his client. In summary, situs is the definition of a place in terms of its legal implications, especially the economic as well as the tax, which is usually recorded in state forms when registering a property. The rules for determining location vary from jurisdiction to jurisdiction and may depend on the context. The English common law rules that apply in most common law jurisdictions are described as follows: SITUS. Location;, Location. 5 animals.
A. 524. 2. Real property always has a fixed location, while personal property does not have such a fixed location; The Law Rei website regulates ownership, but not personal wealth. History, Confl. of the laws, § 379. These sample phrases are automatically selected from various online information sources to reflect the current use of the word “situs”. The views expressed in the examples do not represent the views of Merriam-Webster or its editors. Send us your feedback. The situs address is often found in government documents.
Raw real estate data for real estate databases also includes the location address of a commercial property.