South Carolina Granting Clause
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How to fill out Granting Clause?
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FAQ
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.
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.
The habendum is the clause usually following the granting part of the premises of a deed, which defines the extent of the ownership in the thing granted to be held and enjoyed by the grantee.
Derivation Clause. A derivation clause is a statement identifying the source of the current owner's title to the real estate?typically the prior deed or probate estate through which the current owner acquired the property.
Habendum Clause Example ?LESSEE SHALL HAVE AND HOLD the premises for a term of ten (10) years that shall commence on the Term Commencement Date and shall be ending on the day that is immediately prior to the tenth (10) anniversary of the lease.?
For example, if John sells his property to Jane, the derivation clause in the deed of trust would state that John was the previous grantor and the recording date of the deed. This information is important for future reference and to ensure that the title is clear and free of any encumbrances.