HABENDUM CLAUSE
The portion of a deed to real property that begins with the phrase To have and to hold and that pro-
vides a description of the ownership rights of the
transferee of such property.
Whereas a granting clause contains the
words of transfer of an interest, a habendum
clause defines the estate granted and declares the
extent of the interest conveyed. For example,
such a clause might say: “To have and to hold the
premises herein granted unto the party of the
second part, and to the female heirs of the party
of the second part forever.” This particular
habendum clause qualifies the estate granted by
limiting its inheritability to the female heirs of
