Habendum Clause

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Definition of 'Habendum Clause'

A habendum clause is a clause in a deed that specifies the type of interest being conveyed. It is typically found at the end of the deed, after the description of the property. The habendum clause will state whether the grantor is conveying a fee simple interest, a life estate, or some other type of interest.

The habendum clause is important because it determines the rights and obligations of the grantee. For example, if the grantor conveys a fee simple interest, the grantee will have the right to possess the property forever. However, if the grantor conveys a life estate, the grantee will only have the right to possess the property for the life of the grantor.

The habendum clause can also be used to impose restrictions on the use of the property. For example, the grantor may specify that the property can only be used for residential purposes.

It is important to have a habendum clause in any deed, as it will help to clarify the rights and obligations of the parties involved.

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