Legal Definitions - tenendum

The tenendum is a specific section within a legal document, most commonly a deed, that describes the manner or conditions under which the granted property or rights are to be held by the recipient. While historically distinct and significant, especially in feudal property law, this clause clarifies the nature of the recipient's holding, such as the type of ownership or any specific terms related to how the property is possessed. In modern legal practice, its function is often integrated into the habendum clause, which generally outlines the extent of the interest being conveyed.

Here are some examples to illustrate the concept:

• Example 1: Full and Unconditional Ownership

  Imagine a deed transferring a residential house and the land it sits on from a seller to a buyer. The tenendum clause might state that the property is "to be held in fee simple absolute."

  Explanation: This specifies the highest and most complete form of ownership recognized in law. It means the buyer has full rights to the property, can sell it, mortgage it, and pass it on to their heirs without any conditions or limitations on the duration of ownership. This clearly defines the *kind of tenure* or holding as perpetual and unconditional.

• Example 2: Limited Duration of Holding (Life Estate)

  Consider a situation where a grandparent grants their vacation cabin to a grandchild, but only for the duration of the grandchild's life. The tenendum clause in the deed might specify that the property is "to be held for the term of the grantee's natural life."

  Explanation: Here, the clause defines a specific, limited *manner of holding* – a "life estate." It clarifies that the grandchild holds the property only for their lifetime, after which it will revert to another designated party or the grandparent's estate. This illustrates how the tenendum specifies the conditions and duration of the holding.

• Example 3: Holding of a Specific Right (Easement)

  A farmer grants a neighboring vineyard owner the right to run an irrigation pipeline across a corner of the farmer's land. The deed for this right might contain a tenendum clause stating that the right to use the land for the pipeline is "to be held as an easement appurtenant to the grantee's vineyard property."

  Explanation: In this context, the tenendum specifies that the *right* (the easement for the pipeline) is not a personal privilege of the current vineyard owner but is tied directly to the ownership of the vineyard property itself. This defines the *kind of tenure* for the specific right granted, ensuring it transfers with the vineyard rather than being a personal right that would expire if the vineyard were sold.