HABENDUM
CLAUSE:
That provision in deeds which begins with the
words "to have and to hold" and which,
in effect, defines the quality of the estate or
interest which is being conveyed to the grantee.
HAZARD:
A danger, peril or risk. Incident to title insurance,
it relates to the risk assumed under a title insurance
policy.
HEIR:
A person who inherits or who is entitled to inherit
real estate by provisions of law or under the
provisions of a will.
HEREDITAMENTS:
Any and all kinds of estates, interests, and rights
in real estate which can be inherited.
HIATUS:
In title industry parlance, a separation, gap
or unaccounted for area. Usually a strip of land
between two tracts where the two tracts do not
adjoin because of faulty descriptions. (See "Gore.")
HOLDER
IN DUE COURSE:
One who takes a negotiable instrument before maturity,
for value, and without knowledge of any defect
therein.
HOMESTEAD:
(1) Property designated by the head of a family
as his home, which is protected by law from forced
sale to pay his debts. (2) Land claimed by a settler
under the national homestead act. (3) Under some
state laws, the real estate upon which one's home
is situated.
HYPOTHECATE:
To give a thing as security without parting with
possession.
