HABENDUM CLAUSE

habendum clause (h<<schwa>>-ben-d<<schwa>>m).1. The part of an

instrument, such as a
deed or will, that defines the extent of the interest being granted and any conditions
affecting the
grant. The introductory words to the clause are ordinarily to have and to hold.
Also termed
H

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to-have-and-to-hold clause. [Cases: Deeds 120. C.J.S. Deeds 36, 231236, 253
260, 262, 268,
270274, 276278.] 2.Oil & gas. The provision in an oil-and-gas lease defining how
long the
interest granted to the lessee will extend. Modern oil-and-gas leases typically
provide for a
primary term a fixed number of years during which the lessee has no obligation
to develop the
premises and a secondary term (for so long thereafter as oil and gas produced)
once
development takes place. Most jurisdictions require production of paying quantities
to keep the
lease in effect. Also termed term clause. [Cases: Mines and Minerals 73.5. C.J.S.
Mines and
Minerals 241, 247, 253254.] Often shortened to habendum.

This part of the deed was originally used to determine the interest granted, or to
lessen,
enlarge, explain or qualify the premises. But it cannot perform the office of divesting
the estate
already vested by the deed; for it is void if it be repugnant to the estate granted. It
has degenerated
into a mere useless form; and the premises now contain the specification of the
estate granted, and
the deed becomes effectual without any habendum. If, however, the premises
should be merely
descriptive, and no estate mentioned, then the habendum becomes efficient to
declare the intention;
and it will rebut any implication arising from the silence of the premises. 4 James
Kent,
Commentaries on American Law *468 (George Comstock ed., 11th ed. 1866).
HABENDUM ET TENENDUM
habendum
et
tenendum
(h<<schwa>>-ben-d<<schwa>>m
et
t<<schwa>>-nen-d<<schwa>>m). [Law Latin] Hist. To have and to hold. This
formal phrase
appeared in land deeds and defined the estate or interest being transferred. See
HABENDUM
CLAUSE ; TENENDUM.
HABENTES HOMINES
habentes homines (h<<schwa>>-ben-teez hom-<<schwa>>-neez), n.[Law Latin
men who
have] Hist. Rich men. Also termed foesting-men.

HABERE
habere (h<<schwa>>-beer-ee), vb.[Latin to have] Roman law. To have (the right
to)
something. This term was sometimes distinguished from tenere (to hold) and
possidere (to
possess), with habere referring to the right, tenere to the fact, and possidere to
both.
Habere has two meanings; for we say that the owner of a thing has' it and also
that a
nonowner who holds the thing has' it. Lastly, we use the word in relation to
property deposited
with us. Digest of Justinian 45.1.38.9 (Ulpian, Ad Sabinum 49).
HABERE FACIAS POSSESSIONEM
habere
facias
possessionem
(h<<schwa>>-beer-ee
fay-shee-<<schwa>>s
p<<schwa>>-zes[h]-ee-oh-n<<schwa>>m), n.[Law Latin that you cause to have
possession]
Hist. A writ giving a successful ejectment-action plaintiff the possession of the
recovered land. If
the sheriff delivered more than the person was entitled to, a writ of rehabere facias
seisinam could
compel the sheriff to return the excess. Often shortened to habere facias or hab.
fa.
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HABERE FACIAS SEISINAM

habere facias seisinam (h<<schwa>>-beer-ee fay-shee-<<schwa>>s see-zi-n<<
schwa>>m),
n.[Law Latin that you cause to have seisin] Hist. A writ of execution commanding
the sheriff to
give the applicant seisin of the recovered land. This writ was the proper process
for giving seisin
of a freehold, as distinguished from giving only a chattel interest in land. See SEISIN.
HABERE FACIAS VISUM
habere facias visum (h<<schwa>>-beer-ee fay-shee-<<schwa>>s vIs<<schwa>>m or z<<schwa>>m), n.[Law Latin that you cause to have a view] Hist. A writ allowing
a litigant to
inspect the lands in controversy.
HABERE LICERE
habere licere (h<<schwa>>-beer-ee li-seer-ee), vb.[Latin to allow to have] Roman
law. To
stipulate to a purchaser's right to possess and enjoy property undisturbed. The
term denoted a
seller's duty to indemnify the purchaser if the purchaser was evicted. An evicted
purchaser could
raise an action on the stipulation or, under Justinian, an actio ex empto against the
seller.
HAB. FA.
hab. fa. abbr.HABERE FACIAS POSSESSIONEM.
HABILI ET COMPETENTE FORMA

habili et competente forma (hab-<<schwa>>-lI et kom-p<<schwa>>-ten-tee form<<

schwa>>). [Latin] Hist. In a fit and competent manner.
HABILI MODO
habili modo (hab-<<schwa>>-lImoh-doh). [Latin] Hist. In a fit manner; sufficiently.
HABILIS CAUSA TRANSFERENDI DOMINII
habilis causa transferendi dominii (hab-<<schwa>>-lis kaw-z<<schwa>> transf<<
schwa>>-ren-dI d<<schwa>>-min-ee-I). [Law Latin] Hist. An adequate title for
transferring the
property. The phrase appeared in reference to the grantor's power and intention to
convey the
property; the title had to be sufficient to support the conveyance of property. Also
spelled
habilis causa transferrendi dominii.

GRANTEE
grantee. One to whom property is conveyed.
GRANTEE GRANTOR INDEX
granteegrantor index.See INDEX(1).
GRANTING CLAUSE
granting clause.The words that transfer an interest in a deed or other instrument,
esp. an
oil-and-gas lease. In an oil-and-gas lease, the granting clause typically specifies
the rights
transferred, the uses permitted, and the sub-stances covered by the lease. [Cases:
Deeds 2837;
Mines and Minerals 73, 73.1. C.J.S. Deeds 19, 3438, 4042, 4453; Mines and
Minerals
233, 238, 240246, 265, 291, 442.]

GRANTOR
grantor. 1. One who conveys property to another. [Cases: Deeds 10, 30. C.J.S.
Deeds 23,

PLEDGEE
pledgee. One with whom a pledge is deposited. [Cases: Pledges 8.C.J.S. Pledges
6.]
PLEDGERY
pledgery.Archaic. See SURETYSHIP(1).
PLEDGOR
pledgor. One who gives a pledge to another. Also spelled pledger. [Cases: Pledges
8.
C.J.S. Pledges 6.]

PLEDGE
pledge,n.1. A formal promise or undertaking. 2. The act of providing something as
security
for a debt or obligation. [Cases: Pledges 1.C.J.S. Pledges 24, 610.] 3. A
bailment or other
deposit of personal property to a creditor as security for a debt or obligation; PAWN
(2). See
contract to pledge under CONTRACT. Cf. LIEN(1); PIGNUS(1).4. The item of personal
property
so deposited; PAWN(1).5. The thing so provided. Formerly also termed safepledge. 6. A
security interest in personal property represented by an indispensable instrument,
the interest
being created by a bailment or other deposit of personal property for the purpose of
securing the

payment of a debt or the performance of some other duty. 7.Hist. A person who acts
as a surety for
the prosecution of a lawsuit. In early practice, pledges were listed at the end of
the declaration.
Over time the listing of pledges became a formality, and fictitious names (such as
John Doe or
Richard Roe) were allowed. pledge,vb. pledgeable,adj.
A pledge is something more than a mere lien and something less than a
mortgage. Leonard
A. Jones, A Treatise on the Law of Collateral Securities and Pledges 2, at 4 (Edward
M. White
rev., 3d ed. 1912).
A pledge is a bailment of personal property to secure an obligation of the bailor. If
the
purpose of the transaction is to transfer property for security only, then the courts
will hold the
transaction a pledge, even though in form it may be a sale or other out-and-out
transfer. Ray
Andrews Brown, The Law of Personal Property 128, at 622 (2d ed. 1936).
The pledge is as old as recorded history and is still in use, as the presence of
pawnbrokers
attests. In this transaction the debtor borrows money by physically transferring to a
secured party
the possession of the property to be used as security, and the property will be
returned if the debt is
repaid. Since the debtor does not retain the use of pledged goods, this security
device has obvious
disadvantages from the debtor's point of view. Ray D. Henson, Secured
Transactions 3-1, at 17
(3d ed. 1983).

SOLEMNITY
solemnity (s<<schwa>>-lem-n<<schwa>>-tee).1. A formality (such as a
ceremony) required
by law to validate an agreement or action <solemnity of marriage>.2. The state of
seriousness or
solemn respectfulness or observance <solemnity of contract>.
SOLEMNITY OF CONTRACT
solemnity of contract.The concept that two people may enter into any contract they
wish and
that the resulting contract is enforceable if formalities are observed and no
defenses exist. [Cases:
Contracts 1. C.J.S. Contracts 23, 9, 12.]
SOLEMNIZATION
solemnization. The performance of a formal ceremony (such as a marriage
ceremony) before
witnesses, as distinguished from a clandestine ceremony. [Cases: Marriage 26.
C.J.S. Marriage
30, 33.]
SOLEMNIZE
solemnize (sol-<<schwa>>m-nIz), vb. To enter into (a marriage, contract, etc.) by a
formal
act, usu. before witnesses. [Cases: Marriage 26. C.J.S. Marriage 30, 33.]

DISAVOW
disavow (dis-<<schwa>>-vow), vb. To disown; to disclaim knowledge of; to
repudiate <the
company disavowed the acts of its agent>. disavowal,n.

REPUDIATION

repudiation (ri-pyoo-dee-ay-sh<<schwa>>n), n.1.Eccles. law. Rare. A person's

refusal to
accept a benefice. 2. A contracting party's words or actions that indicate an
intention not to
perform the contract in the future; a threatened breach of contract. Cf.
REJECTION(1), (2);
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RESCISSION; REVOCATION(1). [Cases: Contracts 313(2). C.J.S. Contracts 534

540.]
repudiatory (ri-pyoo-dee-<<schwa>>-tor-ee), repudiable (ri-pyoo-dee-<<
schwa>>-b<<schwa>>l),
adj.
A repudiation is (a) a statement by the obligor to the obligee indicating that the
obligor will
commit a breach that would of itself give the obligee a claim for damages for total
breach ... , or (b)
a voluntary affirmative act which renders the obligor unable or apparently unable to
perform
without such a breach. Restatement (Second) of Contracts 250 (1979).
In order to constitute a repudiation, a party's language must be sufficiently positive
to be
reasonably interpreted to mean that the party will not or cannot perform. Mere
expression of doubt

as to his willingness or ability to perform is not enough to constitute a repudiation,

although such
an expression may give an obligee reasonable grounds to believe that the obligor
will commit a
serious breach and may ultimately result in a repudiation .... However, language
that under a fair
reading amounts to a statement of intention not to perform except on conditions
which go beyond
the contract constitutes a repudiation. Restatement (Second) of Contracts 250,
cmt. b (1979).
anticipatory repudiation.Repudiation of a contractual duty before the time for
performance,
giving the injured party an immediate right to damages for total breach, as well as
discharging the
injured party's remaining duties of performance. This type of repudiation occurs
when the
promisor unequivocally disavows any intention to perform when the time for
performance comes.
Once the repudiation occurs, the nonrepudiating party has three options: (1) treat
the repudiation
as an immediate breach and sue for damages; (2) ignore the repudiation, urge the
repudiator to
perform, wait for the specified time of performance, and sue if the repudiating party
does not
perform; and (3) cancel the contract. Also termed renunciation. See anticipatory
breach under
BREACH OF CONTRACT. [Cases: Contracts 313. C.J.S. Contracts 534.]
The Restatement lists three actions that constitute anticipatory repudiation: (a) a
positive
statement to the promisee or other person having a right under the contract,
indicating that the
promisor will not or cannot substantially perform his contractual duties; (b)
transferring or

contracting to transfer to a third person an interest in specific land, goods, or in any

other thing
essential for the substantial performance of his contractual duties; (c) any voluntary
affirmative act
which renders substantial performance of his contractual duties impossible, or
apparently
impossible. Restatement (Second) of Contracts 318 (1979).
total repudiation.An unconditional refusal by a party to perform the acts required by
a
contract. This type of repudiation justifies the other party in refraining from
performance. [Cases:
Contracts 313. C.J.S. Contracts 534.]
REPUDIATOR
repudiator (ri-pyoo-dee-ay-t<<schwa>>r). One who repudiates; esp., a party who
repudiates a
contract. [Cases: Contracts 313. C.J.S. Contracts 534.]
REPUDIUM
repudium (ri-pyoo-dee-<<schwa>>m), n. [Latin] Roman law. The revocation of
betrothal or
marriage by either the man or the woman. After Augustus, it was necessary to
send the other
spouse a letter of repudiation in order to terminate the marriage. Cf. DIVORTIUM.

QUIT CLAIM DEED

Know all, as Evidenced herein, that I have inadvertently

mistaken a creation of fiction, whilst legally married to
FIRST, MIDDLE, LAST since the date of the Marriage
Application, STATE OF, APPLICATION FOR MARRIAGE
LICENSE, DATE and or the date of the MARRIAGE, DATE.

The fiction I heretofore condemn exists only through the

libelous and notorious character of the legal person known
as FIRST, MIDDLE, LAST.
I, First, Middle, renounce, disavow, repudiate, and quit
any and all habendum, habendum clause, promise,
agreement, premise, or contract express or implied, any
hold, or interest, upon, to, for, or in, from the beginning,
any TITLE recognized, and taken as, FIRST, MIDDLE, LAST,
as well as any pledge, or pledges, or liability, to, under, of,
for, or on behalf of, forever.