What is the test for interpretation of the habendum clause in a lease?
Saskatchewan, Canada
The following excerpt is from Johnston v. Block, 1945 CanLII 155 (SK QB):
The habendum clause covers a definite term and any limitation upon the habendum clause in a lease must be in the clearest possible language. Where a repugnancy exists between the habendum clause and a later covenant in the lease, then the habendum clause governs. While the rule of interpretation is not so in the construction of wills it does apply in leases. See Wetter v. Carnew (1898) 29 O.R. 400.
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