Habendum \Ha*ben"dum\ (h[.a]*b[e^]n"d[u^]m), n. [L., that must
   be had.] (Law)
   That part of a deed which follows the part called the
   premises, and determines the extent of the interest or estate
   granted; -- so called because it begins with the word
   Habendum. --Kent.
   [1913 Webster]

HABENDUM, conveyancing. This is a Latin word, which signifies to have. 
     2. In conveyancing, it is that part of a deed which usually declares 
what estate or interest is granted by it, its certainty, duration, and to 
what use. It sometimes qualifies the estate, so that the general implication 
of the estate, which, by construction of law, passes in the premises, may by 
the habendum be controlled; in which case the habendum may enlarge the 
estate, but not totally contradict, or be repugnant to it. It may abridge 
the premises. Perk. Sec. 170, 176; Br. Estate, 36 Cont. Co. Litt. 299. It 
may explain the premises. More, 43; 2 Jones, 4. It may enlarge the premises 
Co. Litt. 299; 2 Jones, 4. It may be frustrated by the premises, when they 
are general; Skin. 544 but it cannot frustrate the premises, though it may 
restrain them. Skin. 543. Its proper office is not to give anything, but to 
limit or define the certainty of the estate to the feoffee or grantee, who 
should be previously named in the premises of the deed, or it is void. Cro. 
Eliz. 903. In deeds and devises it is sometimes construed distributively, 
reddendo singula singulis. 1 Saund. 183-4, notes 3 and 4; Yelv. 183, and 
note 1. 
     3. The habendum commences in our common deeds, with the words "to have 
and to hold." 2 Bl. Com. 298.; 14 Vin. Ab. 143; Com. Dig. Fait, E 9; 2 Co. 
55 a; 8 Mass. R. 175; 1 Litt. R. 220; Cruise, Dig. tit. 32, c. 20, s. 69 to 
93; 5 Serg. & Rawle, 375; 2 Rolle, Ab. 65; Plowd. 153; Co. Litt. 183; 
Martin's N. C. Rep. 28; 4 Kent, Com. 456; 3 Prest. on Abstr. 206 to 210; 5 
Barnw. & Cres. 709; 7 Greenl. R. 455; 6 Conn. R. 289; 6 Har. & J. l32; 3 
Wend. 99.