Habendum clause is the clause is written into deeds and mortgages to define the transfer of the subject property.

It reads: "To have and hold the premises herein granted unto the party of the second part (the grantee), his heirs and the assigns forever."

The part of the deed defining the extent of the estate granted. Coming from the Latin phrase '"habendum et tenendum", which means "to have and to hold", the habendum clause states the owner's exact interest in the property, whether it be fee simple or some lesser interest.

Clause in deed indicating the type of land interest being conveyed; in mineral lease, a clause that establishes the length of the lease, the grounds for termination, and drilling delay penalties.

A well know example of this is where the grantor might convey a time-share interest in a property or an interest that is considered less than fee simple absolute.

The habendum clause would detail the owner's rights, but it would also specify how those rights are limited regarding the activities allowed on the property and the time frame for usage.