What is the effect of a habendum on a property deed in which the premises merely describe the tenements but do not mention any estate or interest?

Ontario, Canada


The following excerpt is from Jamieson v. London and Canadian Loan and Agency Co., 1896 CanLII 41 (ON CA):

The distinction as to the effect of the habendum between deeds in which premises expressly mention an estate or interest, and those in which the premises merely describe the tenements, but do not mention any estate or interest is pointed out in several cases referred to in Goodtitle v. Gibbs, 5 B. & C. 709. If an estate is limited in the premises there is no necessity for an habendum, and if an habendum follows which is repugnant to the premises or contrary to the rules of law, and incapable of a construction consistent with either, the habendum shall be rejected, and the deed stand good upon the premises.

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