Escheat (Fr. échoir, from Lat. cadere, 'to fall or happen'), an incident of the feudal law whereby, when there was no tenant qualified to perform the services, land reverted to the lord. In England, escheat took place per delictum tenentis, as e.g. when the tenant was convicted of a capital felony; this kind of escheat 'with attainder' was abolished in 1870, as also the Forfeiture (q.v.) of land to the crown for high-treason (see ATTAINDER). According to the existing law, a criminal's property is forfeited only in so far as may be necessary for the purpose of making compensation; but the old doctrine of 'corruption of blood' is now entirely done away; no person is barred by the crime of his ancestor from succeeding to property. Escheat still takes place per defectum sanguinis, for want of heirs, when the owner (the feudal tenant) of land dies intestate, leaving no heir; in such case the feudal superior (usually the crown) may claim the land. When land falls to the crown, the 'prerogative of grace and bounty' is sometimes exercised in favour of persons having claims on the deceased; subject to this prerogative the land becomes part of the crown-lands, and the profits are carried to public revenue.
Escheat in Scotland is of two kinds: (1) The total forfeiture to the crown of all property heritable and movable belonging to a person who has been convicted of treason. (2) It signifies the forfeiture of goods by a debtor who has failed to make payment of debt in obedience to legal Diligence (q.v.). This species of escheat for debt was abolished by 20 Geo. II. chap. 50. It was of two kinds: single escheat, and liferent escheat. By the former, all the debtor's movables were forfeited to the crown; by the latter, the annual profits of the debtor's estate were forfeited to the superior. Single escheat still exists in Scotland as a punishment of crime. In all capital convictions it is ordered that the prisoner's 'whole movable goods and gear be escheat and inbrought to his majesty's use.' In cases of deforcement, bigamy, perjury, and some others, single escheat is imposed by statute as a portion of the penalty on conviction. Single escheat also falls upon denunciation for outlawry; and, if the rebel continues for a year under denunciation, his liferent escheat falls to his superior.
In the United States, the rules of feudal tenure are, for the most part, obsolete; but all property, real or personal, which is left without a legal owner, is claimed by the state in which it is situated.