ESCHEAT (Fr. ,'choir, from Lat. cadere, to fall mot or happen). All incident of feudal tenure of real property, whereby the eonrse of descent from the tenant is obstructed, and the property falls batik or reverts to the immediate lord of whom the fee is held. In the common-law system there is, in theory at least, no such thing as absolute ownership of real property. The most extensive estate which one can have, the fee simple, is regarded as a derivative or subordinate estate, held of a superior landlord, to whom in certain eventualities it will return. The fact that in process of time most, if not all, inter mediate or in•sne lords have been eliminated, and that lands are now held in subordination only to the State, or, in England, to the Crown, does not vitally affect this principle. The claim of the State to take lands by eseheat is still based upon the theory of a superior lordship or proprietor ship, and the holder of land in fee simple is still properly described as a tenant. In order to com plete the title acquired by escheat, it is neces sary that the superior lord shall perform some act, such as entering and taking possession of the land or bringing an action at law for its recovery. The principle upon which he thus re covers the property is that, since none but those who are of the blood of the person last seized can inherit, and there are no persons of that blood in being and capable of inheriting, the land must result hack to the lord of the fee, of whom it is held.
According to the law of England, escheat was either propter defeetum sanguinis—i.e. because there were no heirs of the deceased tenant—or propter delictum tenentis—i.e. because the blood of the tenant was attainted or corrupted. so that those who were related to him as heirs could not inherit. Such corruption of blood occurred when the tenant was convicted of treason or felony. The rule applied to all felonies, and frequently produced much hardship. This form of escheat was peculiar to English law. It is to be care
fully distinguished from forfeiture of lands to the Crown for treason or felony, which has prevailed in other countries besides England. When this latter penalty was enforced for the crime of trea son, the offender forfeited all his lands absolutely to the Crown; when it was enforced for any other felony, the forfeiture to the Crown was of all the offender's estates for life absolutely, and of all his estates in fee simple for a year and a day, after which they escheated to his immediate lord. (See FORFEITURE.) In English law, escheat as a result of conviction of crime is now abrogated; and all forfeiture for crime, except in cases of outlawry, is abolished. (Statute 33 and 34 Viet., c. 23.) It is provided by the Constitution of the United States that "Congress shall have power to declare the punishment of treason; but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted." (Art. iii. § 3.) This indicates the policy which has molded the laws of the va rious States, so that escheat as the result of crime is practically unknown in this country.
Though the feudal system of land tenure ex isted only in its later and mitigated form in the United States, and though it has been expressly declared to be abolished in some of the States. it continues in many important respects to gov ern the real property law and its incidents. By virtue of statutory provisions, generally found in the State constitutions, the title to the property of one who dies without heirs is still transferred to the State in which it is situated, and this transfer is still denominated an escheat. It is the general rule that a proceeding known as 'in quest of ollice' must lie instituted, and an othee found in behalf of the State, in order to vest in it the title to a decedent's realty. But this is not required in some of the States. See ESTATE; FEE ; HEAL PROPERTY ; TEN UBE ;:end I. he authori ties there referred to.