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Loan and Mortgage Terms Glossary

Habendum Clause:

Latin for "to have and to hold." the clause is written into deeds and mortgages to define the transfer of the subject property. It reads: "to have and hold the premises herein granted unto the party of the second part (the grantee), his heirs and the assigns forever."

What is the extent? The habendum clause in a deed or similar conveyancing document is the part that says how the person receiving title may "have and hold" the property rights conveyed by the document. For example, a deed might convey real property from A to B "to have and to hold in fee simple absolute forever" or "to have and to hold for life" or even "to have and to hold so long as B remains sober".



 
     
 
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