HABENDUM

conveyancing. This is a Latin word, which signifies to have. 2. In conveyancing, it is that part of a deed which usually declares what estate or interest is granted by it, its certainty, duration, and to what use. It sometimes qualifies the estate, so that the general implication of the estate, which, by construction of law, passes in the premises, may by the habendum be controlled; in which case the habendum may enlarge the estate, but not totally contradict, or be repugnant to it. It may abridge the premises. It may explain the premises. Its proper office is not to give anything, but to limit or define the certainty of the estate to the feoffee or grantee, who should be previously named in the premises of the deed, or it is void. 3. The habendum commences in our common deeds, with the words to have and to hold. Lat. In conveyancing. The clause usually following the granting part of the premises of a deed, which defines the extent of the ownership in the thing granted to be held and enjoyed by the grantee. Habendum et tenendum. In old conveyancing. To have and to hold. Formal words in deeds of land from a very early period. Bract fol. 176.