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."

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.


Investment dictionary. . 2012.

Look at other dictionaries:

  • habendum clause — n. In real estate, the language in a deed setting forth the interest being granted and any limitations upon it. Webster s New World Law Dictionary. Susan Ellis Wild. 2000. habendum clause …   Law dictionary

  • habendum clause — /habendam kloz/ Portion of deed beginning with the words To have and to hold . Bannin v. Peck, 266 App.Div. 209, 41 N.Y.S.2d 668, 670. The clause usually following the granting part of the premises of a deed, which defines the extent of the… …   Black's law dictionary

  • habendum clause — That part of a deed, usually following the premises, which sets forth the estate to be held and enjoyed by the grantee. Words of inheritance are commonly used, but contrary to the rule at common law, under the statutes now in force in most states …   Ballentine's law dictionary

  • habendum — ha·ben·dum /hə ben dəm/ n [New Latin, from Latin, to be had, neuter of habendus, future passive participle of habēre to have, to hold (the first word of this part of the deed)]: the part of a deed that limits and defines an estate of ownership… …   Law dictionary

  • Deed — For the British cargo ship, see SS Deed. Property law …   Wikipedia

  • Oil and gas law in the United States — is the branch of law that pertains to the acquisition and ownership rights in oil and gas both under the soil before discovery and after its capture, and adjudication regarding those rights. Drilling companies most often lease the rights to drill …   Wikipedia

  • have and hold — The opening words, or habendum clause, found in a deed to real property, which describes the ownership rights of the individual to whom such property is being conveyed. Dictionary from West s Encyclopedia of American Law. 2005. have and hold …   Law dictionary

  • warranty — A promise that a proposition of fact is true. The Fred Smartley, Jr., C.A.Va., 108 F.2d 603, 606. An assurance by one party to agreement of existence of fact upon which other party may rely. It is intended precisely to relieve promisee of any… …   Black's law dictionary

  • in paying quantities — A clause familiar in oil and gas leases. A yield of oil or gas in excess of operating costs. Barnard v Gibson, 100 Cal App 2d 527, 224 P2d 90. Characterizing the production of a gas well in excess of the producing and marketing cost. Benedum… …   Ballentine's law dictionary

  • premises — The grounds of an argument or dissertation. In an instrument, something written before in the same instrument. Alaska Improv. Co. v Hirsch, 119 Cal 249, 255, 47 P 124, 51 P 340. A formal part of a deed, otherwise known as the caption, preceding… …   Ballentine's law dictionary

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