Habendum Clause in United States

Practical Information

Note: Some of this information was last updated in 1982

The clause in a deed (in U.S. law) or mortgage (in U.S. law) that states that the grantee (in U.S. law) is to have the property transferred to him or her. The habendum clause derives its name from the Latin phrase habendum et habendum and, accordingly, begins with the words to have and to hold. Its purpose is to define the extent of the interest conveyed. When special circumstances surround the transfer of the property, the lawyer dictates a substitute habendum. Examples:

to have and to hold (in U.S. law) the premises herein granted unto the Party of the Second Part, his heirs and assigns, forever, to have and to hold (in U.S. law) the granted premises, with all the rights, easements, and appurtenances thereto belonging, to the said John Smith, his heirs and assigns, to his/their own use forever, subject (in U.S. law), however (in U.S. law), to all rights of the lessees, tenants and occupants of, or in said granted premises, or in any part, or parts, thereof.

(Revised by Ann De Vries)

What is Habendum Clause?

For a meaning of it, read Habendum Clause in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Habendum Clause.