Habendum Clause
The habendum clause is a crucial component of a real estate deed, typically found after the granting clause. Its primary function is to define the type of interest or estate the grantee is receiving in the property being conveyed. The phrase "to have and to hold" often introduces it, indicating the rights that the grantee will enjoy.
The habendum clause can specify whether the interest is a fee simple, life estate, leasehold, or another type of ownership. For example, a clause may read, "To have and to hold the premises as a fee simple estate," which conveys full ownership rights to the grantee, including the right to sell, lease, or bequeath the property.
Additionally, the habendum clause may include limitations on the use of the property or conditions that must be met by the grantee. For instance, "To have and to hold the premises, but only for residential purposes" restricts the use of the property. Understanding the nuances of the habendum clause is essential for both grantors and grantees to clarify the rights and obligations associated with the property being transferred.
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