TO HAVE AND TO HOLD

The words in a conveyance which show the estate intended to be conveyed. Thus, in a conveyance of land in fee-simple, the grant is to ÒA. and his heirs, to have and to hold be said [land] unto and to the use of the said A., his heirs and assigns forever.Ó Williams, Real Prop. 108. Strictly speaking, however, the words Òto haveÓ denote the estate to be taken, while the words Òto holdÓ signify that it is to be held of some superior lord, {. e., by way of tenure, (q. v.) The former clause is called the Òhabendum;Ó the latter, the Òtenendum.Ó Co. Litt. 6o.

twittermail
Categories: T