What is the function of a habendum clause in a deed?

The function of a habendum clause in a deed is to define the extent of the interest being granted in the property. This clause typically follows the granting clause and provides clarity about the nature and scope of the estate being conveyed. It explains whether the interest being transferred is a fee simple, life estate, or any other type of ownership, detailing the rights and limitations that come with that interest.

This specificity is crucial, as it informs both the grantor and grantee of the owner’s rights and the duration of those rights concerning the property. By establishing these parameters, the habendum clause ensures that all parties understand the nature of the transaction, promoting clarity and reducing the potential for disputes over property rights in the future.

In the context of the other options, while the grantor's intent is important, the habendum clause focuses specifically on the extent of the interest being granted. Restrictions on the property might be addressed in different parts of the deed but are not the primary purpose of the habendum clause. Likewise, providing legal descriptions is usually part of a separate section in the deed that identifies the property itself rather than the nature of the interest granted.