Contracts
In South Dakota, the 'habendum clause' in a deed (the 'to have and to hold' clause) defines:
AWho will hold the earnest money during the transaction
BThe type and extent of ownership interest being granted (estate granted) in the property✓ Correct
CThe physical boundaries of the property being conveyed
DThe conditions under which the deed may be recorded
Explanation
The habendum clause (beginning with 'to have and to hold') describes the type and extent of ownership interest being granted — whether fee simple, life estate, etc. — and may include conditions or limitations on the estate conveyed.
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