Ground Lease
Candlefocus EditorGround leases are particularly popular with institutional investors and developers due to the potential long-term income benefits. Oftentimes, a landowner who holds a ground lease to a tenant can enjoy guaranteed income for the tenure of the lease, depending on the terms of the agreement. Ground leases also provide the tenant with stability and predictability when it comes to the use of their property.
Due to the financial arrangement of a ground lease, the landowner and tenant usually have different responsibilities. The tenant is usually responsible for upkeep and maintenance of the structure and is responsible for any liability that occurs on the property. Meanwhile, the landlord is responsible for the actual ownership, insurance and taxes of the land.
Ground leases can be structured in a variety of different ways, such as leases with fixed or variable terms, or leases with a fixed or variable rent. The terms and length of the lease can be customized according to the needs of the landlord and the tenant. The customizations in the lease can range from stipulations and rights to termination. Generally, the lease term varies from 5-25 years.
Ground leases provide tenants with the ability to enjoy a long-term agreement, which can be beneficial for businesses looking for stability over time. However, because the lease agreement is between the landowner and the tenant, the tenant does not have any rights regarding the land owner’s decision to sell the property or to the landowner’s use of the land. Whenever the landowner makes a decision such as these, it binds both parties and cannot be changed unless an agreement is made between both parties.
Overall, ground leases are a popular option for investors, developers and businesses alike. By leasing out a piece of land, a tenant will enjoy long-term stability and assurance that their ongoing rent payments will remain the same. Landowners benefit from recurring rental income on a periodic level, as well one lump sum payment at the end of the ground lease. Furthermore, ground lease agreements often provide both parties with the flexibility to customize their agreement according to their needs while also providing both with protection in the form of the lease contract.