Comment on the expression 'THE HAVE AND TO HOLD' as one of the components of a deed.

Habendum clause starts with the words "THE HAVE AND TO HOLD". Habendum is a part of deed which states the interest, the purchaser is to take in the property. The habendum clause can define how long the interest granted will extend. Formerly in England if there was a gratuitous transfer, the transferee was not deemed to be the owner of the beneficial estate in the property, the equitable estate wherein remained with the transferor as a resulting trust for him. It was therefore, necessary to indicate in the deed that it was being transferred for the use of the transferee if it was intended to confer an equitable estate in him. It was for that reason that the habendum commenced with the words: "to have or to hold or to the use of". In the modern deeds, however, the expression "to have and" are omitted. The habendum limits the estate mentioned in the parcels. The transferee is mentioned again in the habendum for whose use the estate is conveyed. Whatever precedes the habendum is called the premises. The parcels or the description of the property usually again included in the premises. If the property conveyed in encumbered, reference thereto should be made in the habendum. If the parties to transfer enter into covenants, they should be entered after the habendum.