In
Scots law
Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland l ...
, excambion is the exchange of land. The
deed
In common law, a deed is any legal instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions, sealed. It is commonly associated with transferring ...
whereby this is effected is termed "Contract of Excambion".
There is an implied real warranty in this contract, so that if one portion is evicted or taken away on a superior title, the party losing the property is entitled to demand the return of the other given in exchange.
Entail
In English common law, fee tail or entail is a form of trust established by deed or settlement which restricts the sale or inheritance of an estate in real property and prevents the property from being sold, devised by will, or otherwise alien ...
ed lands were allowed, under certain limitations and conditions, to be exchanged by the Act 10 Geo. III. c. 51, extended by the 6 and 7 Will. IV. c. 42, and still more so by 11 and 12 Vict. c. 36, s. 5 (1848).
Alternate spellings include "excambie", "excamb", "excambiator" (an exchanger, a broker). The term is derived from
Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
"''excambium''" (n. an exchange).
See also
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Tailzie
In Scots law, tailzie () is a feudal concept of the inheritance of immovable property according to an arbitrary course that has been laid out, such as in a document known as a "deed of tailzie". It was codified by the Entail Act 1685.
Tailzie is ...
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Property law
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual pro ...
Sources and references
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* (entry "excamb")
External links
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Scots law legal terminology
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