Maryland Granting Clause
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How to fill out Granting Clause?
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FAQ
The granting clause is the part of the verbiage in an instrument of conveyance, such as a deed to real estate, that actually transfers the grantor's interest (owner's interest) to the grantee's interest (buyer's interest).
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.
A habendum clause is a clause in a deed or lease that defines the type of interest and rights to be enjoyed by the grantee or lessee. In a deed, a habendum clause usually begins with the words "to have and to hold".
(a) No trustee of a deed of trust may charge, demand, or receive any money or any other item of value exceeding $15 for the partial or complete release of the deed of trust unless the fee is specified in the instrument.
Most mortgages include ?due-on-sale? clauses stating that, upon the transfer of the mortgaged property, the entire amount of the debt owed on the mortgage is immediately due and payable.
Typical granting clauses include language such as ?oil, gas, and other minerals,?2 ?oil and all gas of whatsoever nature or kind,?3 or some variation of these simplistic descriptions.
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.