Dictionary - Definition of HABENDUM


Part of Speech	Definition
Noun	1. That part of a deed which follows the part called the premises, and determines the extent of the interest or estate granted; -- so called because it begins with the word Habendum.[Websters].
Source: Webster's Revised Unabridged Dictionary (1913)		Top

Date "Habendum" was first used in popular English literature: sometime before 1914. (references)

Etymology:Habendum \Ha*ben"dum\, noun. [Latin expression, that must be had.]. (references)

Specialty Definition: HABENDUM

Domain	Definition
Law	HABENDUM, conveyancing. 1. 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. Perk. �170, 176; Br. Estate, 36 Cont. Co. Litt. 299. It may explain the premises. More, 43; 2 Jones, 4. It may enlarge the premises Co. Litt. 299; 2 Jones, 4. It may be frustrated by the premises, when they are general; Skin. 544 but it cannot frustrate the premises, though it may restrain them. Skin. 543. 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. Cro. Eliz. 903. In deeds and devises it is sometimes construed distributively, reddendo singula singulis. 1 Saund. 183-4, notes 3 and 4; Yelv. 183, and note 1. 3. The habendum commences in our common deeds, with the words "to have and to hold." 2 Bl. Com. 298.; 14 Vin. Ab. 143; Com. Dig. Fait, E 9; 2 Co.55 a; 8 Mass. R. 175; 1 Litt. R. 220; Cruise, Dig. tit. 32, c. 20, s. 69 to93; 5 Serg. & Rawle, 375; 2 Rolle, Ab. 65; Plowd. 153; Co. Litt. 183; Martin's N. C. Rep. 28; 4 Kent, Com. 456; 3 Prest. on Abstr. 206 to 210; 5 Barnw. & Cres. 709; 7 Greenl. R. 455; 6 Conn. R. 289; 6 Har. & J. l32; 3 Wend. 99. (references)
Source: compiled by the editor from various references; see credits.		Top

Specialty Expressions: HABENDUM

Expressions	Domain	Definition
Habendum clause	Finance	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." (references)
Source: compiled by the editor from various references; see credits.			Top


Part of Speech	Definition
Noun	1. That part of a deed which follows the part called the premises, and determines the extent of the interest or estate granted; -- so called because it begins with the word Habendum.[Websters].
Source: Webster's Revised Unabridged Dictionary (1913)		Top

bookmark email print tweet facebook

Date "HABENDUM" was first used in popular English literature: sometime before 1914. (references)

Etymology:Habendum \Ha*ben"dum\, noun. [Latin expression, that must be had.]. (references)

Specialty Definition: HABENDUM

Domain	Definition
Law	HABENDUM, conveyancing. 1. 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. Perk. §170, 176; Br. Estate, 36 Cont. Co. Litt. 299. It may explain the premises. More, 43; 2 Jones, 4. It may enlarge the premises Co. Litt. 299; 2 Jones, 4. It may be frustrated by the premises, when they are general; Skin. 544 but it cannot frustrate the premises, though it may restrain them. Skin. 543. 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. Cro. Eliz. 903. In deeds and devises it is sometimes construed distributively, reddendo singula singulis. 1 Saund. 183-4, notes 3 and 4; Yelv. 183, and note 1. 3. The habendum commences in our common deeds, with the words "to have and to hold." 2 Bl. Com. 298.; 14 Vin. Ab. 143; Com. Dig. Fait, E 9; 2 Co.55 a; 8 Mass. R. 175; 1 Litt. R. 220; Cruise, Dig. tit. 32, c. 20, s. 69 to93; 5 Serg. & Rawle, 375; 2 Rolle, Ab. 65; Plowd. 153; Co. Litt. 183; Martin's N. C. Rep. 28; 4 Kent, Com. 456; 3 Prest. on Abstr. 206 to 210; 5 Barnw. & Cres. 709; 7 Greenl. R. 455; 6 Conn. R. 289; 6 Har. & J. l32; 3 Wend. 99. (references)
Source: compiled by the editor from various references; see credits.		Top

Specialty Expressions: HABENDUM

Expressions	Domain	Definition
Habendum clause	Finance	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." (references)
Source: compiled by the editor from various references; see credits.			Top