Louisiana Granting Clause
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FAQ
Habendum clause. Which is also called the to-have-and-to-hold clause, specifies the legal rights being conveyed. The portion of the bundle of legal rights being conveyed is described in this clause, such as "fee simple forever" or "in a life estate." Reddendum clause.
The habendum clause defines ownership taken by the grantee. This clause clarifies the purpose of the deed with the phrase "to have and to hold".
A premises (granting) clause is legally required to be included in a deed. This clause names the parties, contains words of conveyance, states a consideration, includes the date of transfer, and provides the legal description of the property being conveyed.
Granting Clause: The clause in the deed that lists the grantor and the grantee and states that the property is being transferred between the parties.
At the end of the description, the deed will contain a ?being clause? which typically reads as follows: Being the same premises conveyed to the grantors by deed dated _______________ and recorded in Hampden County Registry of Deeds Book _________, Page __________.
The granting clause contains the verbiage of transfer of any right, claim, or privilege an individual has toward land or real property (interest) while the habendum clause defines the estate granted and outlines the extent of the interest conveyed.
Usually, the habendum clause states the property is transferred without restrictions. This means the new owner has absolute ownership of the property upon satisfying their conditions (usually payment in full) and has the right to sell or bequeath the property to an heir and so on.
At the end of the description, the deed will contain a ?being clause? which typically reads as follows: Being the same premises conveyed to the grantors by deed dated _______________ and recorded in Hampden County Registry of Deeds Book _________, Page __________.
