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Simple English definitions for legal terms
habendum clause
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A quick definition of habendum clause:
A habendum clause is a part of a legal document, like a deed or will, that explains what kind of interest is being given and any conditions that come with it. It usually starts with the words "to have and to hold." In oil and gas leases, it also defines how long the lease will last and what needs to happen to keep it in effect. Sometimes, the habendum clause isn't necessary because the rest of the document already explains everything.
A more thorough explanation:
A habendum clause is a part of a legal document, such as a deed or will, that defines the extent of the interest being granted and any conditions affecting the grant. It is usually introduced with the words "to have and to hold."
For example, in an oil-and-gas lease, the habendum clause defines how long the lessee's interest will last. It typically includes a primary term, during which the lessee has no obligation to develop the premises, and a secondary term, which lasts as long as oil and gas are produced.
The habendum clause is important because it specifies the terms of the grant and any limitations or conditions that apply. It ensures that both parties understand the nature and duration of the interest being granted.