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Simple English definitions for legal terms

habendum et tenendum

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A quick definition of habendum et tenendum:

Term: HABENDUM ET TENENDUM

Definition: Habendum et tenendum means "to have and to hold" in Law Latin. This phrase was used in land deeds to describe the estate or interest being transferred. It was a formal way of stating the ownership rights of the new owner. See Habendum Clause and Tenendum for more information.

A more thorough explanation:

Definition: Habendum et tenendum is a Latin legal term that means "to have and to hold." It was commonly used in land deeds to define the estate or interest being transferred.

For example, a land deed might include the following phrase:

"To John Smith, his heirs and assigns forever, the following property: [description of property]. To have and to hold the same, together with all and singular the rights and appurtenances thereto belonging or in anywise appertaining."

This means that John Smith is being granted ownership of the property described in the deed, and he and his heirs will have the right to possess and use the property indefinitely.

The habendum clause is an important part of a land deed because it specifies the type of ownership being transferred. For example, a deed might grant a fee simple estate, which means the owner has complete and unrestricted ownership of the property. Alternatively, a deed might grant a life estate, which means the owner only has the right to use and enjoy the property during their lifetime.

habendum clause | habentes homines

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