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.