
A ground lease, also a land lease, is an arrangement where a landlord (lessor) grants a tenant the right to use and develop a piece of land for an agreed period, usually 50-99 years. Ground leases can either be unsubordinated, where the landlord has primary control over the property, or subordinated, where the landlord agrees to give up property rights to a lender if the tenant defaults on the loan used to build on the land. Investors can consider several factors to make informed investment decisions about ground leases.
Assessing future plans is a crucial step for investors considering ground leases. While ground leases can provide access to desirable locations without purchasing land, weighing the potential drawbacks is important. One significant consideration is the lock-in period, which can limit an investor’s flexibility to adapt to changing business needs. For instance, an investor looking to upscale their business may find relocating challenging until the lock-in period expires.
Investing in ground leases also requires careful consideration of zoning regulations. With a ground lease lasting between 50-99 years, investors should ensure their development plans align with the land’s zoning regulations. Failure to do so could result in a lengthy wait for zoning approvals if the land was not zoned for what investors plan to use it for. Reviewing the ground lease agreement is also vital to ensure it includes provisions for potential zoning changes in the future that can affect the property’s value.
Additionally, investors should focus on existing ground leases rather than new ones. New ground leases (created for the first time, usually because of a new development project) can attract high land rents. In contrast, old ground leases (already in place) can come at a discount, potentially providing investors with higher returns on investment. Moreover, investors should be cautious of ground leases with big, fixed ground rent increases, which may force them to pass the cost to tenants on their properties.
Having a plan and an end-game as an investor when entering a ground lease agreement is crucial to ensure a successful investment. This is because ground leases are similar to an amortizing loan (a loan with a fixed payment schedule that includes both principal and interest), such that the lessee (investor) is making a loan to themselves. They must get all their full capital back plus the profit over the lease period.
However, the most complex part of entering into a ground lease agreement as an investor is negotiating the key terms and ensuring they are fair and satisfactory. Key agreement terms can include rent payment structure, options to renew or terminаte the lease, restrictions on property use, and the length of the lease. Regarding the length, for instance, settling for a shorter term may provide more flexibility, while a longer one may offer more certainty and stability for both parties.
Another aspect investors should consider is obtaining finance for any planned developments on the leased ground. However, getting a financial institution to finance the developments can be difficult since the borrower does not own the land and cannot grant a lien (i.e., legal claim on a property for unpaid debt) against it. To work around this challenge, investors seeking financing may consider entering into a subordinated ground lease agreement, which grants them top priority and acts as security for the lender should the borrower default.
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