Habendum Et Tenendum

In old conveyancing. To have and to hold. Formal words in deeds of land from a very early period. Bracton, fol. 17b. HABENTES HOMINES (Lat.) Rich men. Du Cange. HABERE (Lat.)

In the civil law. To have. Sometimes distinguished from tenere (to hold), and possidere (to possess); habere referring to the right, tenere to the fact, and possidere to both. Habere was likewise distinguished as referring to incorporeal things, tenere to corporeal, and possidere to both. Calv. Lex, HABERE FACIAS POSSESSIONEM (Lat.)

In practice. A writ of execution in the action of ejectment. The sheriff is commanded by this writ that, without delay, he cause the plaintiff to have possession of the land in dispute which is therein described. A fi. fa. or ca. sa. for costs may be included in the writ. The duty of the sheriff in the execution and return of that part of the writ is the same a6 on a common fi. fa. or ca. sa. The sheriff is to execute this writ by delivering a full and actual possession of the premises to the plaintiff. For this purpose, he may break an outer or inner door of the house, and, should he be violently opposed, he may raise the comitatus. Watson, Sheriffs, 60, The name of this writ is abbreviated hab, fa. poss. See 10 Viner, Abr. 14; Tidd, Prac. (8th Eng. Ed.) 1081; 2 Archb. Prac. 58; 3 Bl. Comm. 412; Bing. Ex'ns, 115, 252; Bac. Abr. HABERE FACIAS VISUM (Lat.)

In practice. The name of a writ of execution, used in most real actions, by which the sheriff is directed that he cause the demandant to have seisin of the lands which he has recovered. 3 Bouv. Inst, note 3374. This writ may be taken out at any time within a year and a day after judgment. It is to be executed nearly in the same manner as the writ of habere facias possessionem, and for this purpose the officer may break open the outer door of a house to deliver seisin to the demandant. 5 Coke, 91b; Comyn. Dig. "Execution" (E); Watson, Sheriffs, 238. The name of this writ is abbreviated hab. fae. seis. See Bing. Ex'ns, 115, 252; Bac. Abr. HABERE FACIAS VISUM (Lat.)

In practice. The name of a writ which lies when a view is to be taken of lands and tenements. Fitzh. Nat, Brev. Index, "View." HABERE LICERE (Lat. to allow to have).

In Roman law. A phrase denoting the duty of a seller to give possession.

In old conveyancing. To have and to hold. Formal words in deeds of land from a very early period. Bract, fol. 17b.

Defined under Habendum in Black's Law Dictionary.

In old conveyancing. To have and to hold. Formal words in deeds of land from a very early period. Bract. tol, 178.