What is the primary purpose of the habendum clause in a deed?

The primary purpose of the habendum clause in a deed is to explain the intent to convey ownership. This clause typically follows the granting clause and clarifies the type of estate being conveyed, such as whether it is a fee simple, life estate, or other forms of ownership. By articulating the intent, the habendum clause ensures that both parties understand the nature and scope of the ownership rights being transferred, which is essential for clarity in property transactions.

The habendum clause ties the legal language of the deed to the actual ownership rights, helping to prevent disputes regarding the extent of ownership. Understanding this function underscores the importance of the habendum clause in real property transactions.