property

habendum clause

The habendum clause is the part of a deed that defines the type and extent of the ownership interest the grantee receives. It usually begins with the words "to have and to hold" and follows the granting clause. It may describe a fee simple, life estate, or other estate and any limitations on it. If the habendum clause conflicts with the granting clause, the granting clause generally controls.

Exam tip
Granting clause = words of conveyance ("grant and convey"); habendum clause = "to have and to hold," defining the estate. Know which is which.
Example
A deed states, "to have and to hold for the life of the grantee," showing in the habendum clause that the grantee receives a life estate.

Related terms & state variants

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Last verified: 2026-10-23