habendum clause

Definition

The deed section beginning with 'to have and to hold' that defines the extent of ownership being conveyed. Medieval legal poetry that survived into modern contracts for no good reason.

Example Usage

The habendum clause specified a life estate rather than fee simple ownership, limiting her ability to transfer the property.

Origin

From Latin 'habendum,' formalized in medieval English property law

Fun Fact

Most modern habendum clauses are pure formality and could be eliminated, but lawyers love tradition—and billable hours spent explaining archaic language.

Source: Common law property conveyance documentation

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