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Risks, honestly

Ground lease risks: the honest list.

Most ground-lease horror stories are about badly drafted mid-century leases — market resets, short terms, no lender rights. Those risks die at the drafting table. What remains is a short list of real tradeoffs worth pricing, one honest market caveat, and three kinds of deals that should not do a ground lease at all. Here is the whole list.

The risks are real. So is the mispricing of them.
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Real risks every owner should price
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3
Deals that should NOT do a ground lease
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Question that decides it: what does the alternative cost?
Most articles about ground-lease risk are written about badly drafted, mid-century leases — fair-market resets, short terms, no lender protections. Those leases earned their reputation. A modern institutional lease removes the famous failure modes at the drafting table; what remains is a short list of real tradeoffs an owner should price with open eyes.
Eyes open

The four real risks, and what controls them.

The riskWhat controls it
The rent is forever Ground rent outlasts every business plan, so it must be sized to be carried easily: ~25% of stabilized income, 3–4x covered, with fixed escalations and no fair-market resets — the reset clause is what wrecked the famous horror stories.
The residual belongs to the land At year 99 the improvements revert. That is a real cost with a present value near zero — but it is why the capital is cheap. Price it against what a JV partner or pref investor takes in the FIRST ten years.
The leasehold must stay financeable Lenders finance leaseholds routinely — when the lease has notice and cure rights, a recognition agreement, new-lease protections, and 30+ years of term at all times. A lease drafted without the lender suite strands the building. Ours is drafted for the next lender before the first one asks.
Exit complexity in thin markets In small private-buyer markets, some buyers simply discount leasehold deals. Where the exit is a local private buyer of a stabilized asset, we will say so honestly — that deal may be better off without us.

Who should NOT do a ground lease: a stabilized deal with cheap conventional debt available and no capital problem to solve · a thin-margin deal where 3–4x rent coverage is not there · an owner whose whole thesis is a near-term sale to private buyers who dislike leaseholds. Ground leases are for capital problems the conventional stack cannot solve — that is when the math dominates.

Questions, answered

FAQ.

What are the real risks of a ground lease for the building owner?

Four: the rent is permanent, so it must be sized conservatively with fixed escalations and no market resets; the improvements revert at the end of a 99-year term; the leasehold must be drafted financeable or the building strands; and in small private-buyer markets some buyers discount leasehold deals at exit. Each is controlled at the drafting table except the last, which is a market-selection question.

Why do ground leases have a bad reputation?

The famous disasters were mid-century leases with fair-market rent resets and short remaining terms — a reset in a hot market could triple the rent overnight. Modern institutional leases use fixed escalations, 99-year terms, and full lender protections precisely because of those cases.

Can the ground lessor take my building?

Only through sustained, uncured default — and a properly drafted lease gives your lender independent notice and cure rights plus a new-lease remedy, which is why lenders finance leaseholds at all. The lessor's economic interest is the rent, not the building.

When is a ground lease the wrong answer?

When the deal has no capital problem: stabilized asset, cheap debt available, no gap to fill, or a near-term exit to buyers who dislike leaseholds. Permanent capital should solve a real problem. If yours does not have one, keep the fee — and we will tell you that.

Get your number

Ask us the hard questions.

Send the deal and the concern. If a ground lease is wrong for it, hearing that from us costs you one email — and if it is right, the math comes with the answer.

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