“Habendum et tenendum” is a Latin phrase that is commonly used in legal documents, especially in deeds and contracts, to explain the nature and duration of an estate or interest in real property. This phrase is typically followed by a description of the property interest being granted and for how long it will be held.
“Habendum” refers to the clause that defines what the grantee (the person receiving the property interest) is entitled to, and “tenendum” refers to the clause that specifies the terms and conditions under which the property interest will be held. For instance, a deed may contain a clause like: “To have and to hold the described parcel of land with all appurtenances thereunto belonging, unto the grantee and their heirs forever.”
In this example, “habendum et tenendum” is implied, with “habendum” indicating that the grantee is entitled to the described parcel of land and “tenendum” specifying that the grantee and their heirs will hold the property interest forever.
