Habendum Clause – Definition & Explanation

Cite this article as:"Habendum Clause – Definition & Explanation," in The Business Professor, updated December 3, 2018, last accessed October 23, 2020, https://thebusinessprofessor.com/lesson/habendum-clause-lease-defined/.

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Habendum Clause (Leases) Definition

The habendum clause, also known as a ‚Äúto have and to hold‚ÄĚ clause, is a part of a lease or deed. It defines the rights and interests that the lessor or grantor gives to the lessee or grantee in the lease or deed. It generally follows the “grant clause”, which indicates that the grantor or lessor transfers rights in the identified property.

A Little More on What is a Habendum Clause

As stated above, the habendum clause follows the grantor clause. For example, in a deed, a grantor clause might read:

“That Grantor, for and in consideration of the sum of ______DOLLARS ($____.00) and other good and valuable consideration, to it in hand paid by Grantee, the receipt whereof is hereby acknowledged, does hereby grant unto grantee the real property (“Propery”) located in ____ County, _______, and described as follows:

– Property Description -“

Which is followed by the habendum clause, such as:

‚ÄúTo have and to hold the premises described herein in fee simple absolute forever.‚ÄĚ

The term fee simple absolute defines the nature of the interest conveyed. The term forever explains for how long the interest will be held.

In a lease, a habendum clause might read:

“TO HAVE AND TO HOLD the Premises for a term of ______ (__) months commencing on _____________ (“Term Commencement Date”) with respect to each portion of the Premises and ending on _____________¬† (“Term End Date”)

This particular clause qualifies the leasehold estate granted by making reference to the defined Premises and defines the Term Commencement Date and Term End Date.

These clauses are found in deeds and leases of residential and commercial property. They are also commonly found in oil and gas or mineral leases.

Academic Research on Habendum Clause

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