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Existing leases · The search

The fee owner is on the deed. The decision-maker may not be.

Finding the record owner of land under an existing ground lease is usually easy. Finding the human being who can actually sign an amendment is the part that takes months, and it is the reason most leasehold problems get addressed too late.

Start here

Four public sources, in order.

The assessor. Land and improvements are frequently assessed to different parties on a ground-leased parcel, which is the fastest way to confirm the split exists and to get a name on the land line.

The recorder. Most ground leases are recorded as a short-form memorandum of lease stating the parties, the commencement date and the term. That single document gives you the original landlord, the original tenant and the expiry date. Then trace deeds forward from the landlord.

Your own title policy. The leasehold policy names the fee estate and every recorded encumbrance on it. It is sitting in your closing binder and people forget it exists.

Your rent payments. Where the check goes is a live address, which is better than a deed from 1971.

The memorandum of lease is the single highest-value document in the search.
A recorded memorandum is short, public and states the two facts that determine everything: when the lease commenced and how long it runs. Add those together and you know whether the leasehold is financeable, whether it is still like-kind to a fee, and how many years of decision-making are left.
Where it gets hard

The owner is usually a structure, not a person.

Fee positions under old ground leases end up in estates, testamentary trusts, family limited partnerships and entities administratively dissolved years ago. The record owner may be a person who died in 1998, with the interest passed through a will that was never recorded against the land.

Practical routes: probate records in the county of death, secretary of state filings for the entity and its registered agent, and the obituary, which frequently names the surviving children who are now the actual owners. None of this is exotic. It is just slow.

Fractional interests

Three generations makes eleven owners.

A fee position held since the 1960s and passed twice by inheritance is commonly divided among a dozen relatives who have never met, hold single-digit percentages and receive a small rent check each year. Any amendment needs all of them.

That fragmentation cuts both ways. It is why amendments stall, and it is also why a clean cash offer for the whole fee frequently succeeds where a request for a signature fails. Selling is the one thing eleven people can agree on.

Then what

Know your own numbers before you call.

Before contacting a fee owner, know the remaining term, the current rent, the escalation mechanism, when your debt matures and what the land is worth on a current basis. An approach without those is an invitation to a long and unproductive negotiation.

If the objective is a financeable lease rather than outright ownership, a third party buying the fee and re-papering the lease reaches the same result and does not require you to fund the land purchase. See restructuring an existing lease.

Questions, answered

FAQ.

Is the ground lease itself public?

Usually only a memorandum of it, which states the parties, commencement and term but not the rent or the detailed covenants.

Why are land and building assessed separately?

Because on a ground-leased parcel they are separately owned. The split in the assessment records is often the first confirmation that a ground lease exists.

What if the record owner is deceased?

Look to probate in the county of death, then trace the devisees. Interests often pass by will without anything being recorded against the land itself.

What if the owning entity was dissolved?

Secretary of state filings give the last registered agent and officers. The underlying interest does not disappear when an entity lapses; it sits with the former owners or their successors.

How many owners is typical after two generations?

Frequently a dozen or more fractional holders. This is the main reason amendments stall.

Is it easier to buy the fee than to amend the lease?

Often, yes. A single cash closing can be simpler to organize across many fractional owners than collecting the same signatures on an amendment they gain nothing from.

Get your number

Send the memorandum and we will do the trace.

Give us the address and the recorded memorandum of lease. We will identify the fee ownership, compute the remaining term against the lender test and tell you whether the position is buyable.

Email us the property