habendum

The habendum, from the opening words “to have and to hold”, follows the description of the property (the parcels) in a conveyance. It states what interest passes and for how long: absolutely and forever, for life, for a term of years, or subject to conditions. In a lease it is followed by the reddendum, which states the rent reserved.

In drafting, a conveyance usually runs: description of parties, recitals, operative words, parcels, habendum, covenants and testimonium. Where the habendum conflicts with the grant in the operative part, the traditional rule is that the grant prevails, though courts first try to read the deed as a whole to find the parties' intention. Modern Indian deeds often merge the habendum into the operative clause.

Example

The habendum of the sale deed, “to have and to hold the said property absolutely and forever”, showed that full ownership passed.

See also

deed · conveyance · recital · legal drafting

Read more in the study notes

• Public speaking, body language in presentation, influencing and conveyancing (Business Communications)
• General principles of drafting (Drafting, Pleading and Conveyance)