Legal Definitions - in excambio

In excambio is a historical legal term that means in exchange or as an exchange. It was commonly used in old legal documents, particularly deeds, to indicate that one transfer of property or rights was made in consideration for, or in return for, another.

Here are some examples to illustrate its meaning:

• Example 1: Land Consolidation

  Imagine two neighboring farmers in the 18th century, Mr. Davies and Mr. Evans. Mr. Davies owns a small, isolated plot of land surrounded by Mr. Evans's larger farm, making it difficult for Mr. Davies to access. Similarly, Mr. Evans owns a small strip of land that juts into Mr. Davies's property. To make their farms more efficient, they agree to swap these inconvenient parcels. The legal deed documenting this transaction would state that Mr. Davies grants his isolated plot to Mr. Evans in excambio for Mr. Evans's strip of land. This means Mr. Davies transferred his land specifically in exchange for Mr. Evans's land, making it a reciprocal agreement.

• Example 2: Property for a Right-of-Way

  Consider a scenario where Lady Margaret owns a large estate, and Sir John, her neighbor, needs to build a new road to access a newly acquired timber forest. The most direct route for Sir John's road passes through a corner of Lady Margaret's estate. Lady Margaret, however, desires a small, picturesque orchard that belongs to Sir John, which is adjacent to her existing gardens. They reach an agreement: Lady Margaret will grant Sir John a perpetual right-of-way across her land, and in return, Sir John will transfer ownership of the orchard to Lady Margaret. The legal document would specify that Lady Margaret grants the right-of-way to Sir John in excambio for the orchard, clearly stating that the right-of-way was given as the direct exchange for the orchard.

• Example 3: Exchange of Buildings

  In a bustling medieval town, a master weaver, Thomas, owns a small workshop on the main market square but wishes for a larger, quieter space to live and work away from the constant noise. Across town, a wealthy merchant, Eleanor, owns a spacious house with a large yard on a quieter street but recognizes the commercial advantage of having a shop directly on the market square. They agree to exchange their properties. The deed of transfer would record that Thomas conveys his market square workshop to Eleanor in excambio for her house on the quieter street. This signifies that the transfer of Thomas's workshop was made specifically and directly in return for Eleanor's house, and vice versa.