H

A section or portion of a deed to real property that usually follows the description of the property and the words 'to have and to hold,' and defines the limits or the actual estate being granted. The habendum clause is introduced by the words 'to have and to hold'. Under modern law, a declaration of trust could be inserted in the habendum clause. If the clause says 'to have and to hold for the use of the grantee', there is no trust involved.