Home › Advisory
Advisory

A ground lease is easy to sign and hard to fix.

Owners, developers, investors and their counsel hire us when a ground lease is on the table and nobody in the room writes them every day. We size it, test it against what leasehold lenders will actually finance, and mark up the handful of terms that decide whether the building can ever be financed or sold. What it costs depends on what you need, and we agree it in writing before we start.

Most ground lease problems are written into the document on day one.
99 yrs
How long a mistake in the lease lasts
·
1 clause
A market rent reset is enough to make a leasehold hard to finance
·
Days
For a first read and a list of what to change
We originate ground leases for a living, so we know which terms a leasehold lender will accept, which it will not, and which ones quietly cost the landowner or the tenant money decades later.
Who hires us

Six people who end up holding a ground lease they did not write.

You areThe situationThe question we answer
A landowner: a family, a church, a school, a public agencyA developer has offered to lease your land instead of buying itIs the rent fair, will the building get financed, and what comes back to you at the end
A developerThe landowner will only lease, and has handed you their formWill a construction lender accept this, and what has to change so one will
An owner on an old leaseThe term is running down and lenders have started saying noWhat an extension or a new lease should say, and how to bring it to the landowner
An investorYou want to own ground leases and are setting your own standardsWhat box, what coverage, what lease terms, and how to read a deal you are shown
An affordable housing developerThe land cost is the gap in a tax credit dealWhere a ground lease fits in the stack and what the investor and the agency will require
A lender or counselA leasehold loan or a lease negotiation needs a second readWhether this lease is financeable as written

Related reading: what leasehold lenders require, CPI vs FMV reset, and ground leases in tax credit deals.

What you get

Four pieces of work, taken together or one at a time.

Sizing. The rent the property can carry, the land value that rent supports, and the coverage a lender will see. Built from your own numbers, the same way we size the deals we originate.

Lease review. A short memo that tests the draft against the public agency standard for financeable ground leases: term, subordination, escalations, resets, lender protections, casualty, transfer and what returns at expiry.

The markup list. The specific changes to ask for, in order of importance, with the reason for each in words the other side’s counsel will accept.

Lender readiness. What a leasehold lender will ask, answered before they ask it, so the financing does not stall on the ground lease.

We work alongside your attorney. We are not a law firm and we do not list property. What we bring is the underwriting and the pattern knowledge from making these transactions every week.

How we are paid

It depends on what you need.

A second read of one lease is a small piece of work. Structuring a transaction and finding the other side of it is a large one. We agree the scope and the fee in writing before we start: usually a retainer for the work, and a fee at closing when we create the transaction.

Often the real answer to the question is a transaction: the land should be sold to an investor who wants to own it, or the old lease should be replaced with a new one. When that is the answer, we are the ones who make it happen. We bring the land investor, write the lease and arrange the debt.

If you already know what you want

If you want the land bought, that is a different door.

An owner or developer who wants to sell the land and keep the building can skip this page. Send the deal and we size it as a buyer: how we buy the land. An investor who wants to own ground leases can ask us to originate them: ground leases made to order.

For 1031 investors

Every ground lease we write creates two things you can buy.

The land, on a 99-year lease: nothing to manage, senior to the building’s lender, low yield because the buyer is buying the right to not pay the tax. The building above it: higher yield, paid monthly, depreciable. Both are replacement property. Both close on a date we control, which is the part that matters on day 140.

1031 Solutions

Working with an intermediary? The standby sheet for line 3 of the identification form.

Questions, answered

FAQ.

What does a ground lease advisor do?

Sizes the rent and land value a property supports, reviews the draft lease against what leasehold lenders will finance, lists the changes to ask for, and prepares the answers a lender will need. The work sits alongside your attorney and broker.

Who hires a ground lease advisor?

Landowners offered a ground lease by a developer, developers handed a landowner's lease form, owners on an old lease that is getting hard to finance, investors setting standards for buying ground leases, affordable housing developers, and lenders or counsel who want a second read.

How do you charge?

It depends on what you need. Usually a retainer for the work and a fee at closing when we create the transaction, agreed in writing before we start.

Are you a broker or a law firm?

Neither. We do not list property and we do not give legal advice. We size, structure and write ground lease transactions, and we bring the sponsor and the land investor together.

What if the answer is to sell the land?

Then we make that transaction: we bring the land investor, write the lease and arrange the leasehold debt. You know before you sign anything which seat we are in and how we are paid.

Get your number

Send us the lease or the term sheet.

The draft or the existing lease, the property, and what you are trying to decide. We will come back with what we would do and what it costs.

No NDA and no client names needed. These four facts are enough for a real number.

Or email [email protected].