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Which clause of a deed contains the type of estate being conveyed?

a. The habendum clause
b. The testimonium clause
c. The redendum clause
d. The seisen clause

1 Answer

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Final answer:

The habendum clause of a deed specifies the type of estate being conveyed, such as fee simple or a life estate, and the rights that come with it.

Step-by-step explanation:

The clause of a deed that contains the type of estate being conveyed is the habendum clause. This particular section of a deed explicitly states the rights and interests being granted to the new owner. For instance, the habendum clause can state that the property is being conveyed in fee simple, which means that the owner is being given complete ownership with no conditions or limitations. On the other hand, it could indicate a lesser interest, such as a life estate, where the ownership is limited to the duration of someone's life.

The testimonium clause is where the grantor (seller) signs the deed, indicating that they executed the document. The redendum clause, if present, typically deals with terms regarding the settlement of rents and profits to be given to the grantor. The seisin clause asserts that the grantor has ownership and the legal right to convey the property.

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