Habendum Clause


DEFINITION of 'Habendum Clause'

A section in a real estate contract that transfers ownership of a property with no restrictions. The new owner has absolute ownership of the property and has the right to sell it, bequeath it to an heir, and so on. Because the clause begins with the phrase, "To have and to hold," the habendum clause is sometimes called the "to have and to hold clause."

BREAKING DOWN 'Habendum Clause'

The type of property title transferred using a habendum clause is called "fee simple absolute." A fee simple absolute grants complete ownership of a property, subject to government laws and powers.

  1. Real Estate

    Land plus anything on it, including buildings and natural resources.
  2. Absolute Beneficiary

    A designation of a beneficiary that can not be changed without ...
  3. Real Property

    Any property that is attached directly to land, as well as the ...
  4. Real Estate Agent

    A person with a state/provincial license to represent a buyer ...
  5. Deed

    A legal document that grants the bearer a right or privilege, ...
  6. Property

    1. Anything over which a person or business has legal title. ...
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