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Ground leases are a type of long-term lease arrangement in which a proprietor can lease their residential or commercial property to an occupant who will make enhancements to the land. Ground leases are common among commercial leases due to the fact that they permit companies to run on pricey property residential or commercial property that they can't pay for to buy out right. In turn, property managers can benefit from enhancements to the land and tenants can save money on realty expenses.
A ground lease is a type of long-term lease contract that enables a renter to build-and momentarily own-improvements on the leased land. Ground leases prevail in commercial realty and can usually last approximately 20-99 years. During the lease term, the renter usually builds residential or commercial property for business use. At the end of the term, they'll transfer ownership of the residential or commercial property to the property manager.
A big franchise might use a ground lease to expand its service into metropolitan areas with high realty costs. This would enable them to construct a branch in a largely populated location without needing to acquire costly land upfront.
Because the ground lease process typically consists of development, occupants might require to take out loans to cover building and other related costs.
Two primary types of ground lease contracts account for the dangers related to loans:
Subordinated ground leases put the loan lender's claims to the residential or commercial property above the landlord's. This produces a greater danger of losing the land if the occupant defaults, but allows the proprietor to work out higher rent payments with the tenant. In turn, the tenant might be able to more quickly secure a loan with better rates of interest.
Unsubordinated ground leases give the property owner priority above the lending institution. This is a more steady and typical choice for property owners, but it may make it more tough for renters to secure a loan. As an incentive, proprietors might use lower lease rates to renters who accept an unsubordinated ground lease.
FAQs
Who owns the building in a ground lease?
Generally, occupants in a ground lease only pay rent on the land itself and keep ownership of any improvements they make, such as structures they build on the residential or commercial property. However, ownership of those improvements transfers to the property owner when the ground lease ends.
What occurs if you default on a ground lease?
That depends on the context of the lease and which party defaults. In a subordinated ground lease, the landlord risks losing ownership of the land if a tenant defaults on a loan. Conversely, the tenant might potentially lose the building they developed if the property owner defaults on financial obligations.
Who pays residential or commercial property taxes in a ground lease agreement?
While it depends on the lease arrangement, tenants are usually accountable for residential or commercial property taxes, insurance coverage, maintenance, and repairs.
What's the difference in between ground leases vs. land leases?
Both ground and land leases rent out land to a renter. However, ground leases tend to allow occupants to the land, while a land lease may not.
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