What does the habendum clause in a deed specify?

The habendum clause in a deed plays a crucial role in defining the extent of ownership being conveyed from the grantor to the grantee. It typically follows the granting clause and begins with the phrase "to have and to hold." This clause specifies the type of estate being transferred, whether it’s a fee simple, life estate, or any other form of property interest. By clarifying the ownership rights, the habendum clause serves to protect both parties by ensuring there is a mutual understanding regarding what is legally being transferred.

For example, if the habendum clause states that the grantor conveys a fee simple interest, it indicates that the grantee has full ownership rights and can use, sell, or transfer the property as they wish. Contrarily, if it indicates a life estate, it specifies that the grantee can use the property only for the duration of their lifetime, with ownership reverting back to the grantor or their heirs afterward. Thus, the clarity provided by the habendum clause is essential for establishing the specific rights and limitations attached to the ownership of the property.