Which clause specifies the kind of estate being transferred, such as fee simple or life estate, and lists covenants (to have and to hold)?

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

Answer: (A)

The essential idea here is how a deed communicates the exact interest being conveyed. The habendum clause is the part of the deed that spells out the kind of estate the grantee will hold—fee simple, life estate, or another form—and it typically includes the phrase “to have and to hold,” along with any covenants or limitations attached to that interest. This clause follows the granting clause and defines the nature and scope of the ownership being transferred.

In contrast, the granting clause simply states who is transferring the property and what is being transferred; the vesting clause explains when or how title becomes vested in the grantee; and the execution clause contains the signatures. So, the clause that specifies the estate type and lists covenants like “to have and to hold” is the habendum clause.