Question 1

How is the habendum clause used in Florida deeds?

Accepted Answer

In Florida deeds, the habendum clause follows the granting clause and property description. Standard language: "TO HAVE AND TO HOLD the same in fee simple forever." Variations include: life estate ("for and during the natural life of the grantee"), fee simple determinable ("so long as the property is used for [specified purpose]"), and fee simple subject to condition subsequent ("provided that if [condition], the grantor may re-enter"). The habendum clause must be consistent with the granting clause; if the granting clause says "grants and conveys in fee simple" but the habendum says "for life," Florida courts resolve the conflict in favor of the granting clause.

Question 2

What happens if the habendum clause is missing from a Florida deed?

Accepted Answer

If the habendum clause is missing: Florida Statute §689.10 provides that a deed is effective to convey fee simple title even without a habendum clause, unless the deed contains language expressly limiting the estate. The presumption of fee simple means that the grantee receives the fullest ownership interest. However, a missing habendum clause can cause: title examination questions (the title examiner may flag the deed for review), title insurance concerns (the underwriter may require additional documentation), and potential challenges from third parties who argue the grantor intended to convey less than fee simple. Including the habendum clause avoids these issues.

Question 3

Can the habendum clause create restrictions on property use?

Accepted Answer

Yes. The habendum clause can create: fee simple determinable (the estate automatically terminates if a specified condition occurs), fee simple subject to condition subsequent (the grantor has the right to re-enter and reclaim the property if a condition is violated), restrictive covenants (the property must be used for specified purposes), and reservations (the grantor retains certain rights, such as mineral rights or easements). These restrictions run with the land and bind future owners. However, unreasonable restrictions may be unenforceable under Florida law, and restrictions based on race, religion, or national origin are void under federal fair housing laws.

Habendum Clause: Deed Florida

Habendum Clause in Florida Deeds

Standard Language

Missing Clause

Creating Restrictions

Related Terms

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