When it becomes necessary to explain or come up with a definition for the type of ownership in a property to be enjoyed by a grantee, a neat little article in the deed will show up called the habendum clause.
Habendum is a term that means 'to have and to hold'.
The habendum clause will follow a granting clause and begins with the words 'to have and to hold'.
The provisions of the habendum clause have to agree with the provisions stated in the granting clause.
A well know example of this is where the grantor might convey a time-share interest in a property or an interest that is considered less than fee simple absolute.
The habendum clause would detail the owner's rights, but it would also specify how those rights are limited regarding the activities allowed on the property and the time frame for usage.
This 'to have and to hold' clause in effect defines or limits the quantity of the estate granted in the deed.
Another example would be where it might say 'to have and to hold for one's lifetime' which creates a life estate.
How do you define the habendum clause ?
How have you seen it used?
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