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Habendum Clause

Definition

A habendum clause is a clause in a deed or lease that defines the type of interest and rights to be enjoyed by the grantee or lessee.

What is 'Habendum Clause'

A section in a real estate contract that transfers ownership of a property with no restrictions. The new owner has absolute ownership of the property and has the right to sell it, bequeath it to an heir, and so on. Because the clause begins with the phrase, "To have and to hold," the habendum clause is sometimes called the "to have and to hold clause."


Explaining 'Habendum Clause'

The type of property title transferred using a habendum clause is called "fee simple absolute." A fee simple absolute grants complete ownership of a property, subject to government laws and powers.


Further Reading


A Reexamination and Reformulation of the Habendum Clause Paying Quantities Standard Under Oil and Gas Leases
heinonline.org [PDF]
… Simple Economics, NY TIMES (Dec … interest in the oil and gas and other minerals described in the instrument.10 After experimenting with no term leases or rental paid clauses," the oil and gas industry adopted the modem lease form that contains a habendum clause with a …

The Temporary Cessation Doctrine: A Practical Response to an Ideological DilemmaThe Temporary Cessation Doctrine: A Practical Response to an Ideological Dilemma
heinonline.org [PDF]
… Simple Economics, NY TIMES (Dec … interest in the oil and gas and other minerals described in the instrument.10 After experimenting with no term leases or rental paid clauses," the oil and gas industry adopted the modem lease form that contains a habendum clause with a …

The Law of Oil and Gas, IV.(4) The Habendum ClauseThe Law of Oil and Gas, IV.(4) The Habendum Clause
www.jstor.org [PDF]
… Simple Economics, NY TIMES (Dec … interest in the oil and gas and other minerals described in the instrument.10 After experimenting with no term leases or rental paid clauses," the oil and gas industry adopted the modem lease form that contains a habendum clause with a …

WHAT'S IN A LEASE?: YOU'VE JUST BEEN HANDED ONEWHAT'S IN A LEASE?: YOU'VE JUST BEEN HANDED ONE
search.proquest.com [PDF]
… Simple Economics, NY TIMES (Dec … interest in the oil and gas and other minerals described in the instrument.10 After experimenting with no term leases or rental paid clauses," the oil and gas industry adopted the modem lease form that contains a habendum clause with a …

Shut-In Royalty Clause: Balancing the Interests of Lessors and LesseesShut-In Royalty Clause: Balancing the Interests of Lessors and Lessees
heinonline.org [PDF]
… Simple Economics, NY TIMES (Dec … interest in the oil and gas and other minerals described in the instrument.10 After experimenting with no term leases or rental paid clauses," the oil and gas industry adopted the modem lease form that contains a habendum clause with a …



Q&A About Habendum Clause


Why do some people call it the "to have and to hold" clause?

Because of its typical beginning, "To have and to hold," this phrase is sometimes called the "to have and to hold" clause.

How can you tell if a document contains a habendum clause?

You can tell by looking for the word, "habendum." It will be followed by either a noun or pronoun. For example, you may see something like this in your document - To Have And To Hold One Acre Of Land In The Town Of Springfield. If there are two nouns or pronouns separated by commas after habendum then it's not likely that it's referring to land but rather something else such as shares of stock or bonds. In these cases look for other phrases such as "in trust for" which indicates that one person holds property on behalf of another person who may be named later in the document. Another clue is if there are two parties listed under whom title will pass at death; one party will probably be referred to as an estate trustee (or executor) while the other party would be called an heir (or beneficiary). If neither of these clues apply then you should consult with your attorney before making any assumptions about what type of property might be involved because they could vary widely from state-to-state depending upon how each state defines things like trusts, estates etc

Why is it called "to have and to hold?

Because it begins with the phrase, "To have and to hold."

What does this phrase typically begin with?

Typically, it begins with the words, "To have and to hold."

What type of property title does the habendum clause transfer?

A fee simple absolute.

What does this phrase mean in law?

This phrase means that one party has an interest in something or someone.

What does this mean for property owners?

It means they are granted complete ownership of their property subject to government laws and powers.

What is the habendum clause?

The habendum clause is a legal phrase that typically begins with the words, "To have and to hold."

How does the habendum clause begin?

The phrase "to have and to hold" begins the habendum clause.

What is a habendum clause?

A habendum clause is a section in a real estate contract that transfers ownership of property with no restrictions.