Habendum Clause

Learn about the habendum clause in Canadian property law — what it is, where it’s found, and why it matters for ownership rights.

Habendum Clause

August 08, 2025


What is a Habendum Clause?

The habendum clause is a section in a deed or lease that defines the extent and duration of ownership or tenancy rights granted.

Why Habendum Clauses Matter in Real Estate

In Canadian property law, the habendum clause clarifies what interest is being conveyed and for how long.



Key points:
  • Commonly includes the phrase 'to have and to hold'
  • Defines conditions or limitations on the estate
  • Ensures clarity about rights transferred



Understanding the habendum clause helps avoid disputes regarding property ownership or lease terms.

Example of a Habendum Clause in Action

The deed’s habendum clause specified that the buyer was granted fee simple ownership of the property.

Key Takeaways

  • Specifies ownership or tenancy rights and duration
  • Found in deeds and leases
  • May include conditions or limitations
  • Provides legal clarity on property interests
  • Helps prevent ownership disputes

Related Terms

Additional Terms

Public Realm Improvements

Public realm improvements are enhancements to public spaces such as sidewalks, parks, plazas, and streetscapes, often funded or contributed by. more

Mortgagee in Possession

A mortgagee in possession is a lender who takes control of a property after borrower default, but before foreclosure or power of sale. The lender. more

Lease Surrender Agreement

A lease surrender agreement is a negotiated contract between a landlord and tenant that ends a lease before its scheduled expiration. Terms may. more

Green Infrastructure

Green infrastructure refers to natural or engineered systems that manage stormwater, reduce heat, and improve sustainability in developments.. more

Escrow Holdback

An escrow holdback is a portion of funds withheld at closing and held in escrow until specific conditions are met, such as completion of repairs,. more

Underused Housing Tax

The Underused Housing Tax (UHT) is a federal annual 1% tax on the value of vacant or underused residential property owned by non-resident,. more

More For You

Elysium Proposes 41- And 39-Storey Rental Next To Keele Station

Elysium Proposes 41- And 39-Storey Rental Next To Keele Station
26-36 Mountview Avenue and 21-29 Oakmount Road/Teeple Architects

A snazzy new two-tower, high-rise development is headed for the High Park North neighbourhood of Toronto that could deliver over 870 new rental units within walking distance of Keele Station. The proposal was submitted by Elysium Investments in early-September and comprises an Official Plan and Zoning By-law Amendment application for a 41- and 39-storey building with a shared six-storey podium.

If approved, the development would replace 11 single-detached homes located just north of High Park. Addressed as 26-36 Mountview Avenue and 21-29 Oakmount Road, the proposed site sits just northwest of the Bloor Street West and Keele Street intersection. The site is well-serviced by public transit, with Keele Station on the TTC's Line 2 directly adjacent to the proposed building, providing connections to Line 1, GO Transit, and the UP Express.

Keep ReadingShow less

Ontario’s Trust Test: Lessons From The iPro Realty Collapse

Ontario’s Trust Test: Lessons From The iPro Realty Collapse
iPro Reality branch in Brampton, Ontario/Google Maps

This article was written and submitted by former CEO of the Ontario Real Estate Association (OREA) Tim Hudak and long-time senior Ontario civil servant Frank Denton. Hudak is currently partner at Counsel Public Affairs Inc., and Denton is a senior advisor.

The collapse of iPro Realty, one of Ontario’s largest independent brokerages, has left at least an $8-million shortfall in its trust accounts and put the regulator, the Real Estate Council of Ontario (RECO), under an intense spotlight. For buyers, sellers, and real estate agents, the scandal raises urgent questions about whether their deposits are safe. When suspicion falls on an arm’s-length regulator with delegated authority from government, pressure on the Minister to act is swift. At its core, this is not just a regulatory challenge but a trust challenge — and once public trust is broken, other delegated authorities in Ontario may soon be under the same spotlight.

Keep ReadingShow less

Toronto Could Face Higher Property Taxes As Feds Cut Refugee Support

Toronto Could Face Higher Property Taxes As Feds Cut Refugee Support
Shutterstock

Despite the fact that Toronto’s unhoused population has more than doubled since 2021, the City is set to receive a fraction of the Canada-Ontario Housing Benefit (COHB) funding in its sixth year that it did in both its fourth- and fifth-year allocations.

Toronto Mayor Olivia Chow wrote in a letter that went to the Executive Committee on Monday that the Province allocated $38 million to Toronto from the COHB between April 2024 and March 2025, and $19.75 million from April 2025 to March 2026 — but between April 2026 and March 2027, the City will receive only $7.95 million, representing an almost 60% decrease year over year.

Keep ReadingShow less

This Toronto Investment Firm Is Filling The Student Housing Gap

This Toronto Investment Firm Is Filling The Student Housing Gap

Shutterstock

Elysium Investments has built its reputation on rethinking what cities need — and then moving boldly to deliver it. From transforming overlooked opportunities abroad to reshaping Toronto’s rental landscape, the firm has consistently shown a talent for anticipating where demand is headed next. Its newest focus: solving one of the most urgent challenges facing young people today: student housing.

Known for finding fresh solutions to city-building challenges, Elysium has recognized an unmet need in the student housing sphere: affordable, high-quality accommodations located close to major post-secondary institutions.

Keep ReadingShow less

A New Townhome Community Rising Along The Rouge Valley

A New Townhome Community Rising Along The Rouge Valley

Little Rouge Block A/Camcos

Framed by a serene pond and the timeless landscapes of the Rouge Valley, the Townhomes of Little Rouge (“Little Rouge”) bring tranquility and beauty right to your doorstep.

Coming soon to Donald Cousens Parkway and Ninth Line, the Townhomes of Little Rouge by Camcos Living combine modern architecture, spacious layouts, and premium lifestyle features. For homeowners seeking both the serenity of nature and the convenience of city living, this Markham community is uniquely positioned to deliver the best of both worlds.

Keep ReadingShow less

A Triple Threat: New Platform Supports Sellers, Buyers, and Agents (All At Once)

A Triple Threat: New Platform Supports Sellers, Buyers, and Agents (All At Once)

Shutterstock

In a real estate landscape where choice is often limited and transparency is all too rare, Hyyve is rewriting the rules — and making the process work better for everyone involved.

Fresh off its recent launch, the Toronto-based platform is quickly gaining traction for the way it empowers sellers, attracts serious buyers, and gives agents a more direct, performance-based path to listings.

Keep ReadingShow less

Elysium Proposes Up To 43 Storeys Near Mount Dennis LRT Station

Elysium Proposes Up To 43 Storeys Near Mount Dennis LRT Station
70-104 Brownville Avenue/BDP Quadrangle

Elysium Investments has filed plans for a 43- and 41-storey residential development within walking distance of the Mount Dennis station on the forthcoming Eglinton Crosstown LRT. The plans call for two towers containing 851 rental units and a 2,152-sq.-ft Privately Owned Publicly Accessible Space (POPS) located onsite.

The Zoning By-law Amendment application was filed by Elysium in early September and is currently pending the City of Toronto's review. If approved, the new apartment complex would replace the 17 detached and semi-detached homes that currently occupy the York development site.

Keep ReadingShow less

Formline, KPMB Selected To Design New Vancouver Art Gallery Building

The new Vancouver Art Gallery will be designed by Formline and KPMB.
Shutterstock

It’s full speed ahead for the new Vancouver Art Gallery building slated for 181 West Georgia Street, at the intersection of Cambie and W Georgia streets. On Monday morning, Formline Architecture + Urbanism and KPMB Architects were unveiled as the team that will lead the design of the new purpose-built building, which will replace a parking lot and former sports field known as Larwill Park.

“Selected from proposals submitted by 14 leading Canadian firms, this decision marks an important milestone in the Gallery’s renewed vision to create a destination for art and culture that reflects the diversity of its audiences,” a press release from the Gallery said. This is the beginning of a collaborative process toward a new conceptual design in 2026, one shaped by listening, dialogue and the perspectives of the communities the Gallery serves.”

Keep ReadingShow less
Privacy PolicyAbout UsTerms of UseAdvertise with UsJobsContact UsRSS Feed
2025 © STOREYS Publishing Inc. | All Rights Reserved