David Saks: August 2014

David Saks - Real Estate Broker - The Real Estate Mart of Tennessee, Inc. - 4040 North Watkins-Suite #4 - Memphis, Tennessee 38127 - Phone (901) 357-4663

Real Estate Practice : Lesson 3576

habendum

When it becomes necessary to explain or come up with a definition for the type of ownership in a property to be enjoyed by a grantee, a neat little article in the deed will show up called the habendum clause.

Habendum is a term that means 'to have and to hold'.

The habendum clause will follow a granting clause and begins with the words 'to have and to hold'.

The provisions of the habendum clause have to agree with the provisions stated in the granting clause.

A well know example of this is where the grantor might convey a time-share interest in a property or an interest that is considered less than fee simple absolute.

The habendum clause would detail the owner's rights, but it would also specify how those rights are limited regarding the activities allowed on the property and the time frame for usage.

This 'to have and to hold' clause in effect defines or limits the quantity of the estate granted in the deed.

Another example would be where it might say 'to have and to hold for one's lifetime' which creates a life estate.

How do you define the habendum clause ?

How have you seen it used?




David Saks



Time&Temp Memphis

Legal Disclaimer
Please be advised that:

 The information and notices contained in this blog are intended to summarize recent developments and news. The posts are presented as general research and information. These posts are not intended, nor should be regarded, as legal advice. Some blog posts concern allegations made in civil lawsuits and in criminal indictments in United States Courts. All persons are presumed innocent until convicted of a crime and proven guilty. Readers who have particular questions or who believe that they need legal counsel should seek the advice of a qualified attorney. It is neither the editor's or author's intention to create a confidential relationship or any broker-client relationship via communication from this site at any time. Please consult with your state real estate board if questions & answers in the education section conflict with the laws of your region or if you need clarification regarding their applicability or how they may govern the services that you provide.

By entering this web site, you understand the following:
When you select a link to an outside Web site, you are subject to the privacy, copyright, security, and information quality policies of that Web site. David Saks:
1.DOES NOT control or guarantee the accuracy, legality, relevance, timeliness, or completeness of information contained on a linked Web site;
2.DOES NOT endorse linked Web sites, the views they express, or the products/services they offer unless linked web sites, the views they express, or the products/services they offer endorse or support David Saks in accordance with the standards of the Tennessee Real Estate Commission and the Federal Government's laws regarding commerce and the application, solicitation and transmission of internet-related concerns, commerce or social networking;
3.CANNOT authorize the use of copyrighted materials contained in linked Web sites;
4.IS NOT responsible for transmissions users receive from linked Web sites;
5. That DavidSaks.Com is biographical & real estate related. Some links within will leave this site.
6. http://activerain.com/profile/davidsaks is internet-compliant & abides by the rules & regulations of the Tennessee Real Estate Commission, Eve Maxwell, Executive Director.
7. Unless indicated otherwise, ActiveRain does offer listings, or IDX and is provided for licensed salespersons, brokers, buyers & sellers of real property as a community & professional service.
8. David Saks is a retired / licensed real estate broker in the State of Tennessee, license #290452, and an independent contractor.
9. Information is believed to be accurate, but not guaranteed, at any realty link or document connected to the World Wide Web & viewable by anyone connected to the internet who has a web browser.
10. Brokers, buyers, sellers, agents & anyone should independently verify any information prior to submitting any offer to purchase goods & services from any link.
11. Please Visit The American Real Estate Alliance or Memphis.8k.Com for additional information regarding property issues for real estate professionals and consumers.

 

Photos © & Licensed by Nova Development

All Content Protected © 
Before you even think about
committing a real estate crime
click this red button.
Real Estate Crimes

© All Rights Reserved.

 

 

 

 

"Information generated by the Department of Justice is in the public domain and may be reproduced, published or otherwise used without the Department’s permission. Citation to the Department of Justice as the source of the information is appreciated, as appropriate."

Department of Justice Legal Policies


 

  Real Estate Crimes

 

Click "HERE" For Today's Question

 

 

TheListen Now!

David Saks Show

Saturday Nite

9pm-12am Central

University of Memphis

WUMR

 

Support
America's Hobby

Click Elvis

Mr.Saks' participation in ActiveRain ended April 13, 2015.

His blog archives will remain online.

May God bless you.

Comment balloon 0 commentsDavid Saks • August 11 2014 04:07AM
Real Estate Practice : Lesson 3576
share
When it becomes necessary to explain or come up with a definition for the type of ownership in a property to be enjoyed by a grantee, a neat little article in the deed will show up called the habendum clause. Habendum is a term that… more
Woman Convicted - Stole Close to $1 Million from Elderly In-Laws
share
Holden Woman Convicted in Scheme to Steal Close to $1 Million from Elderly In-Laws U. S. Attorney’s Office August 08, 2014 District of Massachusetts (617) 748-3100 &… more
Paralegal Sentenced for Defrauding Mortgage Lenders - Over $1. 8Million
share
Branford Paralegal Sentenced to Federal Prison for Defrauding Mortgage Lenders Out of More Than $1. 8 Million U. S. Attorney’s Office August 05, 2014 District of Connecticut (203) 821-3700 … more
Former Bank Branch Manager Admits Embezzling Over $263k of Bank Money
share
Former Bank Branch Manager Admits Embezzling More Than $263, 000 of Bank’s Money U. S. Attorney’s Office August 05, 2014 District of New Jersey (973) 645-2888 &… more
Let's Meet In Memphis Elvis Week 2014
share
ActiveRain 2014 Summertime Meetup in Memphis It's Elvis Week Starbucks 1 850… more
Little Deuce Coupe
share
This was recorded a few years ago by friends at the University of Mremphis in the cold of winter, on an old piano inside of a cabana with no heat. I was skinny and looked like an old beatnik… more
Inspirational Photo Moment For Real Estate Agents
share
Monty Hall more
Real Estate Fraud Report for August 6, 2014
share
real estate fraud: Mortgage Fraud Blog for August 6, 2014 - 08/05/14 10:38 PM Mortgage Fraud Blog sends me an update once per week. The Mortgage Fraud Blog website is updated every business day and you… more
Mortgage Fraud Blog for August 6, 2014
share
Mortgage Fraud Blog sends me an update once per week. The Mortgage Fraud Blog website is updated every business day and you can always get the latest news by visiting www. mortgagefraudblog. com Rachel… more
The Reason I Stick Around - "You" Part 3
share
Thank you. My hopes are for your continued success. Always, -David- Part 1 http://ActiveRain. com/blogsview/4459079/the-reason-i-stick-around---you---my-subscriber-part-1 Part 2 http://ActiveRain. com/blogsview… more