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Land Tenure: What is the difference between Fee
Simple and Leasehold properties?
A
fee simple buyer acquires ownership of the entire property,
including both the land and buildings. A
leasehold buyer owns the home or structure but only a
"leasehold interest" in the land beneath it. A
leasehold interest is created when a fee simple landowner enters
into an agreement or contract called a ground lease with the
lessee, or the buyer (homeowner).
Most importantly, the buyer of residential leasehold property
does not own the land and must pay ground rent. The rent is
usually fixed for anywhere from 10-55 years; from there, the
rent has to be renegotiated based on terms of the lease and may
increase. (The ground rent is in addition to the monthly
mortgage payments for the home.)
At the end of the term, the landowner may opt to take the
property back. Depending on the provisions of any surrender
clause in the lease, the buildings and other improvements on the
land may also revert to the lessor.
In addition, the use, maintenance, and alteration of the
leased premises may be restricted by terms contained in the
lease.
Conversion of leasehold property to fee simple ownership
involves purchasing the landowner's remaining interest, called
the leased fee interest. The lessors of many leasehold
properties in Hawaii are currently offering to sell their leased
fee interests to their lessees or prospective buyers of a
leasehold property.
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