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Excambion meaning
What does Excambion mean?
Excambion describes the exchange of land between owners by a conveyancing deed under which each party transfers title to the other, sometimes with “equality money” to balance values. It is used to regularise boundaries, rationalise holdings, assemble development sites, or resolve access/infrastructure issues.
In Scotland, excambion is the established term. A contract (or deed) of excambion is a recognised common‑law arrangement, usually documented by mutual dispositions (or a single cross‑conveying deed) and registered in the Land Register of Scotland with compliant plans. The normal rules on title, real burdens and servitudes, warranties, and any lender, landlord or third‑party consents apply. The term is not defined in a single statute; it is a descriptive expression in Scots property law.
In England and Wales, Northern Ireland and Ireland, the same transaction is typically referred to as a deed of exchange or land swap rather than excambion. Deeds must be registrable at HM Land Registry, Land Registry of Northern Ireland or the Property Registration Authority (Ireland), with clear plans and any consideration stated.
Key practical points include valuation, possible equality money, tax treatment, overage/restrictive covenants, rights of way, title investigation, security releases or new security, and ensuring simultaneous completion and registration.
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View the related Practice Notes about Excambion
PRACTICE NOTES
Scottish Private Client Practice Glossary: Succession, Trusts, Guardianship and Property Terms with England and Wales Equivalents
A glossary of frequently used terms and phrases in Scottish Private Client law, with the closest England and Wales equivalents (where applicable) and links to helpful websites Ab intestato Meaning From someone who dies without a will; describes property taken under the laws of intestate succession. Nearest English equivalent None Action of specific implement Meaning A court action seeking an order compelling a party to carry out a particular act. In Scotland there is no division between equitable and legal remedies, unlike England and Wales. Nearest English equivalent Specific performance (an equitable remedy for breach of contract that can be ordered alongside, or in place of, damages) Advance notice Meaning An entry in the relevant property register that protects the grantee of a deed intended for registration in the Land Register of Scotland. The protected period of 35 days begins on the day after registration....
21 May
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PRACTICE NOTES
Scots Property Law Glossary: Key Terms with England and Wales Equivalents, Registers, Land Registration and Conveyancing Practice
This glossary outlines commonly used terms and phrases in Scottish property law, together with the closest England and Wales equivalents (where appropriate), and signposts guidance on differences between Scottish property transactions and law, as well as useful property-related websites. A non domino disposition Meaning A disposition granted by someone with no title to the property. Formerly, this could regularise a defective title where, after registering a non domino disposition, the grantee possessed the property openly, peaceably and without judicial interruption for ten years. Since 8 December 2014, with the commencement of the Land Registration etc (Scotland) Act 2012 (LRE(S)A 2012), a party seeking to obtain title to land where no owner can be traced must comply with the prescriptive claimant provisions in LRE(S)A 2012, ss 43–45 before submitting an a non domino disposition for registration. Nearest English equivalent None, although possessory title is similar. Action of specific implement Meaning A court action seeking an order compelling a party to perform a specified...
21 May
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