Legal Definition and Related Resources of Habendum

That part of a conveyance which determines the quantity of the interest conveyed; at common law where the quantity of the estate is expressed in the granting clause or the premises , then the habendum may qualify , lessen, enlarge but not contradict or be repugnant to the estate conveyed. In modern conveyancing, in most jurisdictions the habendum has become superfluous, where the estate is clearly defined in the granting clause of the premises, there is no necessity for habendum. See realty Seeur. & discount Co. v national Rubber & Leather Co., 122 W. Va. 21, 7 S. E.2d 49.

(Lat. for having). In conveyancing. The clause usually following the granting part of the premises of a deed, which defines the extent of the ownership in the thing granted to be held and enjoyed by the grantee. 2 Washb. Real Prop. 642. It commences with the words “to have and to hold.” In Law French, these words are rendered “aver et tener,” or “a aver et tener,” and in Latin, “habendum et tenendum.”

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Habendum in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Habendum in Historical Law in the Encyclopedia of Law.

Search for legal acronyms and/or abbreviations containing Habendum in the Legal Abbreviations and Acronyms Dictionary.

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Mentioned in these terms

Premises, To Have And To Hold.

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This definition of Habendum is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

Vocabularies (Semantic Web Information)

Habendum in the Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims

To have; for having. See Habere.

Note: This legal definition of Habendum in the Dictionary of Law (English and American Jurisprudence) is from 1893.

Concept of Habendum in the context of Real Property

A short definition of Habendum: The clause in a deed, following the granting clause, which defines the extent of the estate of the grantee.

Concept of Habendum in the context of Real Property

A short definition of Habendum: The clause in a deed, following the granting clause, which defines the extent of the estate of the grantee.

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See Also

• Habere
• Habendum

Concept of “Habendum”

Traditional meaning of habendum in English (with some legal use of this latin concept in England and the United States in the XIX Century) [1]: (in Latin) (To be held.) The clause of a deed defining the estate granted, containing the words of limitation; see 2nd Book (“The Rights of Things”), Blackstone’s Commentaries on the Laws of England 298. Habendum et tenendum: to have and to hold; to be had and held; see Robinson’s Elementary Law Rev. ed.; § 131.

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Notes and References

1. Based on A Concise Law Dictionary of Words, Phrases and Maxims, “Habendum”, Boston: Little, Brown, and Company, 1911, United States. It is also called the Stimson’s Law dictionary. This term and/or definition may be absolete.

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Meaning of Habendum in the Past

This is a Latin word, which signifies to have.[1]

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Notes and References

1. Partialy, this information about habendum is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including habendum.

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Habendum