Habendum - Law Dictionary Search Results
Home Dictionary Name: habendumhabendum
habendum [New Latin, from Latin, to be had, neuter of habendus, future passive participle of habēre to have, to hold (the first word of this part of the deed)] : the part of a deed that limits and defines an estate of ownership granted and sometimes the type of tenancy by which the estate is to be held NOTE: The habendum is now often just a formality. ...
Habendum of a Deed
Habendum of a Deed, that part of a conveyance, etc., which determines the quantity of interest conveyed; but should the quantity be expressed in the premises, then the habendum may lessen, enlarge, explain, or qualify, but not contradict, or be repugnant to the estate granted in the premises. See DEED....
Deed
Deed [fr. d'd, Sax.; ded gaded, Goth.;daed, Dut.], a formal document on paper or parchment duly signed, sealed, and delivered. It is either an indenture (factum inter partes) needing an actual indentation [(English) Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 5], reproduced by the Law of Property Act, 1925, s. 56 (2), made between two or more persons in different interests, or a deed-poll (charta de una parte) made by a single person or by two or more persons having similar interests. By the (English) Law of Property Act, 1925, s. 57, a deed may be described according to the nature of the transaction, e.g., 'this lease,' 'this mortgage,' etc., or as a 'deed' and not habitually by the word 'indenture.'The requisites of a deed are these:-(1) Sufficient parties and a proper subject of assurance.(2) It must be written, engrossed, printed, or lithographed, or partly written or engrossed, and partly printed or lithographed in any character or in any language, on paper, vellum, or parchm...
Uses
Uses (History). A use is the intention or purpose, express or implied, upon which property is to be held. The Common Law treated the actual possessor for all purposes as the owner of the property. It was not difficult to find him out, since the possession of his estate was conferred upon him by a formal and notorious ceremony, technically called livery of seisin, which was performed openly and in the presence of the people of the locality.It soon became evident that the simple rules of the Common Law were stumbling-blocks to the complicated wants of an enterprising people.Hence ingenuity was sharpened to hit upon a device which should set at nought the rigidity of existing law and formalities.A system was found by the monastic jurists upon a model furnished by the Civil Law, which, by a nice adaptation, evaded, without overturning, the Common Law. Two methods of transferring realty began to co-exist in this country-the ancient Common Law system, and the later invention, which is denomi...
premises
premises 1 : matters previously stated: as a : the preliminary part of a deed that includes a description of the real estate and that precedes the habendum b : the preliminary part of a bill in equity that states the facts, names the wrongs, and identifies the defendants 2 : a tract of land with its component parts (as buildings) ;also : a building or part of a building usually with its appurtenances (as grounds or easements) ...
VerbarHabendum
That part of a deed which follows the part called the premises and determines the extent of the interest or estate granted so called because it begins with the word Habendum...
Fee-expectant
Fee-expectant. If lands are given to a man and his wife in tail, habendum to them and their heirs, they had an estate tail and a fee- expectant, Kitchin, Court Leete, p. 153. For the effect of this limitation created by instruments coming into operation after 1925, see (English) Law of Property Act, 1925, ss. 130 et seq., and s. 60, UNDIVIDED SHARES, and (English) Law of Property Amendment Act, 1932, s. 1....
Premises
Premises (pr'missa), in logic, propositions antecedently supposed or proved. In a deed the 'premises' are all the parts preceding the habendum. The word properly applies to what has been previously described or mentioned, and is used only in that sense in well-drawn instruments (Dav. Prec. in Conveyancing, vol. i.). It is, however, often used as meaning land or houses.For the statutory meaning, see particular statutes, e.g., (English) Public Health Act, 1875, s. 4, where 'premises' includes messuages, buildings, lands, easements, tenements and hereditaments of any tenure.Include any shop, stall, or place where any article of good is sold or manufactured or stored for sale. [Prevention of Food Adulteration Act, 1954 (37 of 1954), s. 2 (xi)]Means any land or any building or part of a building and includes-The garden, grounds and outhouses, if any, appertaining to such building or part of a building, andAny fittings affixed to such building or part of a building for the more beneficial en...
Reddendum
Reddendum, a clause reserving rent in a lease, whereby a lessor reserves some new thing to himself out of that which he granted before: it commonly and properly succeeds the habendum, and is usually made by the words 'yielding and paying,' or similar expressions importing a covenant if executed by the lessee. Consult Platt on Leases, vol. ii. p. 82. See DEED....
Scilicet
Scilicet [Lat., abbrev. Scil. Or sc., i.e., scire licet] (that is to say, to wit).This is not a direct and separate clause, nor a direct and entire clause, in a conveyance, but intermedia; neither is it a substantive clause of itself, but it is rather to usher in the sentence of another, and to particularize that which was too general before, or distribute that which was too gross, or explain that which was doubtful; and it must neither increase nor diminish the premises nor habendum, for it gives nothing of itself; but it may make a restriction where the precedent words are not so very express but that they may be restrained, Hob. 171....
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial