What is TO HAVE AND TO HOLD?

The words in a conveyance which show the estate intended to be conveyed. Thus, in a conveyance of land in fee-simple, the grant is to “A. and his heirs, to have and to hold be said [land] unto and to the use of the said A., his heirs and assigns forever.” Williams, Real Prop. 108. Strictly speaking, however, the words “to have” denote the estate to be taken, while the words “to hold” signify that it is to be held of some superior lord, {. e., by way of tenure, (q. v.) The former clause is called the “habendum;” the latter, the “tenendum.” Co. Litt. 6o.

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