Legal Definitions - a aver et tener

A aver et tener is a traditional legal phrase originating from Law French, which translates directly to "to have and to hold." This phrase signifies the complete transfer of ownership, possession, and control over property or rights from one party to another. It is most commonly found in legal documents, particularly those related to real estate, to describe the extent of the interest being conveyed to the new owner or holder.

Here are some examples illustrating its application:

• Real Estate Deed: When a person purchases a house, the property deed will often contain a clause stating that the buyer is "to have and to hold" the property. This means that the buyer now fully owns the house and the land it sits on, with all the rights and responsibilities that come with ownership, such as the right to occupy, sell, or mortgage it.

  This example demonstrates how "a aver et tener" confirms the complete transfer of legal title and physical possession of real estate from the seller to the buyer, establishing the buyer's full rights over the property.

• Long-Term Lease Agreement: In a commercial lease agreement for a significant duration, such as a 50-year lease for office space, the document might specify that the tenant is "to have and to hold" the premises for the term of the lease. While not full ownership, this grants the tenant exclusive possession and use of the property for the agreed period, along with specific rights and obligations outlined in the lease.

  This example illustrates that "a aver et tener" can also apply to the transfer of significant, though not absolute, rights of possession and use for a defined period, as seen in long-term leaseholds where the tenant effectively controls the property for the lease term.

• Trust Document: A trust document might instruct a trustee "to have and to hold" certain financial assets, like stocks or bonds, for the benefit of a named beneficiary. In this context, the trustee holds legal title and control over these assets, managing them according to the trust's terms, but the economic benefit ultimately belongs to the beneficiary.

  This example shows how "a aver et tener" can describe the legal possession and control of assets by a trustee, even when the ultimate beneficial ownership rests with another party. The trustee "has and holds" the assets to fulfill the trust's purpose.