THE ULTIMATE KNOWLEDGE BASE

The BKREA Market Intelligence

Plain-English answers on zoning, air rights, development value, and selling — written for owners, not lawyers.

FAQ

What Is a Ground Lease?

What is a ground lease in plain terms?

A ground lease allows a property owner to retain ownership of the land while leasing it to a tenant who develops or operates the property. The tenant typically pays rent and may construct improvements during the lease term. Owners can generate long-term income without selling the underlying land.

How is a ground lease different from selling my property outright?

A sale transfers ownership of both the land and improvements to a buyer, while a ground lease allows the owner to retain ownership of the land. Ground leases generate ongoing rental income rather than a one-time sale proceeds payment. Owners should compare long-term income potential against immediate liquidity needs.

Why would I consider a ground lease instead of selling?

A ground lease can provide predictable long-term income while preserving ownership of a valuable asset. Many owners use ground leases to create multi-generational wealth while allowing development to occur on the property. Owners seeking both income and long-term control may prefer a ground lease to an outright sale.

How long do ground leases typically run in NYC?

Ground leases in New York City commonly run for 49, 60, 75, or 99 years. Longer lease terms generally make financing and large-scale development more feasible for tenants. Owners should evaluate how lease length affects future flexibility and asset value.

What happens to my building at the end of a ground lease?

Many ground leases provide that ownership of the improvements reverts to the landowner when the lease expires. The lease may also contain renewal rights, purchase options, or negotiated disposition provisions. Owners should understand reversion rights before entering into a ground lease agreement.

How does a ground lease affect what a developer will pay?

Developers often pay less upfront under a ground lease because they are leasing the land rather than acquiring fee-simple ownership. The tradeoff is that owners receive rental income over time instead of a single purchase payment. Owners should compare the present value of lease income against a potential sale price.

Can I sell a ground-leased property?

Yes—property owners can generally sell their ownership interest in land that is subject to a ground lease. The buyer acquires the landlord's position and remains subject to the lease terms. Owners should expect the lease structure to affect market value and buyer demand.

What are the tax implications of a ground lease versus a fee-simple sale?

Ground leases and fee-simple sales can produce very different income tax, transfer tax, estate planning, and capital gains consequences. The tax treatment depends on the structure of the transaction and the owner's circumstances. Owners should consult qualified legal and tax advisors before selecting either strategy.

My property already has a ground lease—how does that affect my options?

An existing ground lease may limit redevelopment rights, financing flexibility, and transaction structures depending on the lease provisions. Consent requirements, rent obligations, and alteration restrictions often affect future plans. Owners should review the lease before pursuing a sale, refinancing, or redevelopment strategy.

I inherited a property with a ground lease—what do I need to know?

Start by reviewing the lease term, rent schedule, renewal provisions, tenant obligations, and reversion rights. These provisions directly affect the property's value, income potential, and redevelopment flexibility. Owners should understand the lease structure before making long-term ownership decisions.