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Tenendum

That part of a contract in which an interest in real property is created that sets out the extent or limitations of that interest.

Latin for to be held.

The name given to the clause, article or section of a real property transfer contract in which the tenure of the real estate being transferred is identified.

The terms is a relic of the feudal system when subinfuedation of land was allowed. Thus, the tenendum would specify the particulars of the overriding feudal holding.

But with the gradual abolition of the English feudal system starting in 1290, and the replacement of subinfeudation with leases and outright sales, the tenendum has lost its importance in conveyancing documents.

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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