Habendum

2 definitions found

From The Collaborative International Dictionary of English v.0.48 [gcide]:

  Habendum \Ha*ben"dum\ (h[.a]*b[e^]n"d[u^]m), n. [L., that must
     be had.] (Law)
     That part of a deed which follows the part called the
     premises, and determines the extent of the interest or estate
     granted; -- so called because it begins with the word
     Habendum. --Kent.


     [1913 Webster]

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  HABENDUM, conveyancing. This is a Latin word, which signifies to have. 
       2. In conveyancing, it is that part of a deed which usually declares 
  what estate or interest is granted by it, its certainty, duration, and to 
  what use. It sometimes qualifies the estate, so that the general implication 
  of the estate, which, by construction of law, passes in the premises, may by 
  the habendum be controlled; in which case the habendum may enlarge the 
  estate, but not totally contradict, or be repugnant to it. It may abridge 
  the premises. Perk. Sec. 170, 176; Br. Estate, 36 Cont. Co. Litt. 299. It 
  may explain the premises. More, 43; 2 Jones, 4. It may enlarge the premises 
  Co. Litt. 299; 2 Jones, 4. It may be frustrated by the premises, when they 
  are general; Skin. 544 but it cannot frustrate the premises, though it may 
  restrain them. Skin. 543. Its proper office is not to give anything, but to 
  limit or define the certainty of the estate to the feoffee or grantee, who 
  should be previously named in the premises of the deed, or it is void. Cro. 
  Eliz. 903. In deeds and devises it is sometimes construed distributively, 
  reddendo singula singulis. 1 Saund. 183-4, notes 3 and 4; Yelv. 183, and 
  note 1. 
       3. The habendum commences in our common deeds, with the words "to have 
  and to hold." 2 Bl. Com. 298.; 14 Vin. Ab. 143; Com. Dig. Fait, E 9; 2 Co. 
  55 a; 8 Mass. R. 175; 1 Litt. R. 220; Cruise, Dig. tit. 32, c. 20, s. 69 to 
  93; 5 Serg. & Rawle, 375; 2 Rolle, Ab. 65; Plowd. 153; Co. Litt. 183; 
  Martin's N. C. Rep. 28; 4 Kent, Com. 456; 3 Prest. on Abstr. 206 to 210; 5 
  Barnw. & Cres. 709; 7 Greenl. R. 455; 6 Conn. R. 289; 6 Har. & J. l32; 3 
  Wend. 99.