Which clause defines the type of estate being transferred and lists covenants (to have and to hold)?

• A. Vesting clause
• B. Granting clause
• C. Hasbendum clause
• D. Execution clause

Answer: (C)

The habendum clause defines what interest is being transferred and any covenants that accompany possession. In a deed, this clause comes after the granting clause and uses the famous phrase “to have and to hold” to state the exact estate the grantee will possess (for example, fee simple or a life estate) and any limitations or covenants that apply. This is why it’s the best choice: it explicitly links the type of title transferred with the covenants or conditions that govern that title. Other clauses serve different purposes—granting clauses identify who is conveying what; vesting clauses specify when and to whom the transfer takes effect; execution clauses cover signatures and formal execution. The key idea is that the habendum clause settles the nature of the estate and the accompanying covenants.