In a deed, the clause that defines the nature of the estate being granted is the:
Correct Answer
B) habendum clause.
The habendum clause is the 'to have and to hold' language that follows the words of grant, and it states the nature and extent of the estate conveyed - a fee simple absolute, a life estate, or some lesser or conditional interest. The granting clause names the parties and makes the conveyance, the covenant of seisin warrants that the grantor owns the estate being conveyed, and the testimonium clause carries the date and the grantor's signature. Where the habendum appears to conflict with the granting clause, a court reads the deed as a whole to find the grantor's intent rather than letting one clause control automatically.
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Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.
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