Nevada Ground Lease with Lessee to Construct Improvements
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FAQ
The most significant downside to owning a home on leased land relates to building equity. For many people, homeownership is a major source of wealth. With a leased-land property, you risk losing all of your equity at lease expiration, depending on the terms of the surrender clause.
What summarizes the general terms of a land lease? The tenant leases the ground from the landlord and owns the improvements. Among the usual remedies available to the injured party if tenant or landlord defaults on the terms of a lease is the right to: Sue to compel performance of the contract.
Leased land reduces the cost of a home by 20 to 30%. Once a structure is built, the land beneath it can be of no other use to the homeowner. So by owning on leased land, the home- owner gets the use of the land without the capital outlay ? and can afford a far more luxurious home for less money.
A ground lease, sometimes called a land lease, is a contractual agreement between a landowner and a developer. In it, the developer agrees to pay the landowner a specified amount of rent in return for the right to develop one or more buildings on the property.
The biggest advantage for property investors using a ground lease is that they don't have to buy the land to operate their business and make a profit.
Some of the disadvantages of ground leases include the possibility of property loss, loss of higher income due to market changes if rent increases aren't built into the agreement, and tax drawbacks, such as depreciation and other expenses that can't offset income.
Therefore, if you lease property from someone to use in your trade or business or for the production of income, generally you cannot depreciate its cost because you do not retain the incidents of ownership. You can, however, depreciate any capital improvements you make to the property.
For example, many Macy's (M -3.28%) department stores are ground-leased. This means that Macy's owns the building itself and any other improvements made to the land -- say, parking structures -- but the company still pays rent on the land beneath the store.