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Residential Land Lease?

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peter-ehlert
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Residential Land Leases are kinda common here in Baja, and I have read of a few rare cases in California too.
Just wondering if they are at all common.
Thanks, Peter


 
Posted : October 30, 2016 12:49 pm
John
 John
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I am aware of those existing here in MD. Locally known as Ground Rent here.

History of Ground Rent in Maryland:
https://www.peoples-law.org/understanding-ground-rent-maryland


 
Posted : October 30, 2016 3:34 pm
MD Surveyor
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I have a great uncle in his late 80's that still leases the ground his house is on. He pays a yearly lease fee of $9 or 10$ dollars but, it was written into his lease that he could purchase the property at any time for $99. He has lived on this property for over 60 years. I asked him one time why he still leases and never bought the property. His response was by the time he had $99 to his name he wasn't sure if he would live long enough to get his money back.


 
Posted : October 31, 2016 10:51 am
peter-ehlert
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MD Surveyor, post: 397681, member: 10081 wrote: I have a great uncle in his late 80's that still leases the ground his house is on. He pays a yearly lease fee of $9 or 10$ dollars but, it was written into his lease that he could purchase the property at any time for $99. He has lived on this property for over 60 years. I asked him one time why he still leases and never bought the property. His response was by the time he had $99 to his name he wasn't sure if he would live long enough to get his money back.

Interesting point of view.
Is that lease only personal or can his heirs assume it?
I see an investment opportunity.


 
Posted : October 31, 2016 11:22 am
MD Surveyor
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Peter Ehlert, post: 397701, member: 60 wrote: Is that lease only personal or can his heirs assume it?
I see an investment opportunity.

Not sure. I also don't know what happens to all of his improvements, including his house if the lease is terminated at his death.


 
Posted : October 31, 2016 11:41 am

scott-ellis
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Isnt all of the land in Britain leased for 999 years?


 
Posted : October 31, 2016 12:05 pm
peter-ehlert
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I am no expert, I have never rented land, and the few times I have tried to assist it turned into "I got no money" or "you are wrong, the kid at the 7-11 told me so" kinda thing.
my snapshot:
Leases flow with the land, as in the new land owner must honor them.
Here in Baja and the rest of Mexico, residential land leases are only valid for a maximum of 10 years (regardless of the words in the document, Federal law), with one exception: 30 years in Ejido land (another huge ball of wax for another discussion).
Leases are transferable to heirs or future buyers of the improvements, unless specifically excluded in the lease document.
All legal documents must be in Spanish, Any other language and it is trash paper, zero legal effect.
Upon the termination of the lease the land owner is required to purchase the improvements, at some vague value. Most occupants remove and clean the site if they have the means and time. Rarely happens.
Some leases have a renewal clause, a promise to agree to some future agreement, but that is never enforceable by law.

all of my legal documents get translated to English by a court approved legal translator (always a licensed atty.) I also have another translator present at the signing to check the translation and also verify that I truly understand (protects against claims of some pink skinned ignorance)

we do have problems with folks not understanding and assuming that rules are the same as "back home", some think they can bribe their way thru the system.
today is the 16th anniversary of a mass eviction of thousands, the result of a multi decade battle, 6 large land owners.
it was a mix of uninformed squatters, some outright and fraud. it was devastating, but I was not personally affected.


 
Posted : October 31, 2016 12:34 pm
peter-ehlert
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Scott Ellis, post: 397713, member: 7154 wrote: Isnt all of the land in Britain leased for 999 years?

news to me, but I found this: https://en.wikipedia.org/wiki/999-year_lease


 
Posted : October 31, 2016 12:44 pm
jimcox
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We see a bit of that sort of leasing here - most on land held under Native Common Title - aka Maori Land.

Also see it on reclamation around some of the ports where the land is owned by the Harbour Boards.

Ownership and maintenance of improvements seems to be an issue, particularly toward the end of lease periods.

There are also issues around rights of rent increases and of renewal periods.


 
Posted : October 31, 2016 9:02 pm
a-harris
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Hunting leases are #1 in numbers for about the cost of taxes + 15%
Pasture and hay cutting
Truck crops
Residential is probably most profitable.


 
Posted : October 31, 2016 10:24 pm