In a California grant deed, which element states the type of estate the grantee is to receive?
Correct Answer
D) The habendum clause, which recites the estate the grantee is to have and to hold
The habendum clause is the 'to have and to hold' language that follows the granting clause, and it defines the quantity of the estate conveyed, such as a fee simple rather than a life estate. The granting clause shows that an interest passes and to whom, the legal description identifies the land, and the covenant of seisin is a promise about the grantor's title rather than about the size of the estate. If a California deed says nothing about the estate, Civil Code 1105 presumes a fee simple, but where the parties state the estate it appears in the habendum clause.
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Related Topics & Key Terms
Related Topics:
Key Terms:
Related Concepts
A planned unit development (PUD) is a zoning classification that allows mixed land uses (residential, commercial, recreational) within a single development with flexible zoning standards. Homeowners typically own their lot and share common areas.
Police power is the government's authority to enact laws and regulations to protect the public health, safety, morals, and general welfare. It is the broadest power government has over private property.
Restrictive covenants, also known as CC&Rs (Covenants, Conditions & Restrictions), are private agreements written into deeds or HOA documents that limit how property can be used. They are enforced by property owners, not the government.
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