Simple English definitions for legal terms
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A to-have-and-to-hold clause, also known as a habendum clause, is a part of a legal document like a deed or will that explains the extent of the interest being granted and any conditions that come with it. It usually starts with the words "to have and to hold." In an oil-and-gas lease, it defines how long the lessee's interest will last. The clause used to be more important, but now it's mostly a formality.
A to-have-and-to-hold clause, also known as 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. The clause usually begins with the words "to have and to hold."
For example, in a deed, the to-have-and-to-hold clause specifies the type of ownership interest being granted, such as fee simple or life estate, and any conditions or restrictions on the use of the property. In an oil-and-gas lease, the habendum clause defines how long the lessee's interest will last, typically with a primary term and a secondary term.
For instance, a deed might include a to-have-and-to-hold clause that grants the buyer a fee simple interest in a piece of land "to have and to hold unto the buyer and their heirs and assigns forever." An oil-and-gas lease might have a habendum clause that grants the lessee a primary term of five years and a secondary term "for so long thereafter as oil and gas are produced in paying quantities."
The to-have-and-to-hold clause is an important part of legal documents because it specifies the nature and duration of the interest being granted. It helps to avoid confusion or disputes over ownership or use of the property. The examples illustrate how the clause is used in different types of legal documents to define the rights and obligations of the parties involved.