Why Ground Lease When You Can Sell? Why Ground Lease When You Can Buy?

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A lease is a lease is a lease – or so you may think. Yes, real property leases grant an estate in land to a tenant for a period of time. And yes, the tenant pays for that right of possession. But the action in a lease isn’t in the conveyance provisions; it’s in the contract provisions. That’s right, a lease is a contract. Multiply out the rent and other annual monetary obligations by the length of the lease term (in years), and you’ll see that it might be (and often is) a big dollar contract. Even more important, unlike the vast majority of contracts whose obligations are satisfied in days or weeks, a lease contract goes unfulfilled for a long, long time. And that’s why drafting one requires a special talent and special experience. What’s special? — The ability to see long into the future. [Read more…]

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