The portion of a deed that defines the extent and duration of ownership being granted, typically beginning with 'to have and to hold.' It specifies what type of estate or interest the grantee receives.
From Latin 'habendum' meaning 'to have' or 'to hold,' this was a standard phrase in medieval property transfers. The clause evolved from Norman legal traditions where the exact nature and duration of land ownership needed precise definition.
The habendum clause is like the fine print that determines whether you're buying a house forever or just renting it for 99 years! This ancient legal language still controls modern property rights, and a poorly written habendum clause can create title nightmares decades later.
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