Special offer

What is the Habendum Clause?

By
Education & Training with Rowlett Real Estate School

The habendum clause, so named because in medieval times it began with the Latin phrase habendum et tenendum ("to have and to hold"), limited the estate or tenancy being conveyed.

Today, the habendum clause starts with the words "to have and to hold." Then, usually, the word "forever" follows if the estate is fee simple or the words "for the life of the grantee" if it is a life estate.

Any other restrictions or limitations on the property's use, such as reservation by the seller to retain mineral rights to the land, are usually entered before or after the habendum clause.

Posted by

Captain Wayne Rowlett GSI
Rowlett Real Estate School

Hannah Williams
HomeStarr Realty - Philadelphia, PA
Expertise NE Philadelphia & Bucks 215-820-3376

Captain Wayne - Rowlett Real Estate School  I always say it reads like a marriage vows to Have and to Hold

Sep 28, 2015 03:54 AM