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The most important points of a deed of establishment of a leasehold in plain language
A deed of establishment of ground lease is a legal document that sets out the rights and obligations of the leaseholder and the grantor. It is important to deed understand well, so that you know exactly what your rights and obligations are. In this article we will discuss the most important points of a deed of establishment of ground lease discuss in understandable language.
What is leasehold?
Ground lease is the right to use a piece of land and the ownership of the land lies with the grantor. The leaseholder pays a fee for the use of the land, the leasehold fee. The agreements about this are recorded in a deed of establishment of ground lease.
Key Points
Some important points to note in a deed of establishment of ground lease can be, are:
- The duration of the ground lease;
- The ground rent and any indexation;
- The obligations of the leaseholder, such as maintaining the land;
- The rights of the leaseholder, such as the right to place buildings on the land;
- Any provisions regarding the end of the ground lease;
Conclusion
It is very important to have one deed of establishment of ground lease before you sign it. Make sure you understand all points and discuss any ambiguities with a legal counselor.
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A deed of establishment of ground lease is a legal document which stipulates that a piece of land remains the property of the owner, while another person is given the right to use and build on that piece of land. In this deed the rights and obligations of both the owner and the leaseholder are laid down.
One of the most important points of a deed of establishment of ground lease is the duration of the ground lease. In the deed it is determined how long the right of ground lease applies and under which terms it can be extended if necessary. This duration can vary from a few years to even perpetual ground lease.
Another important point is the leasehold fee, or the compensation that the leaseholder must pay to the owner for the use of the land. This fee can be revised annually and must be included in the deed by ground lease are recorded.
It is also stated in the deed by ground lease often determines which obligations the leaseholder has with regard to the maintenance of the land and any buildings. For example, the leaseholder may be obliged to renovate certain buildings or to maintain the greenery around the land.
In addition, in the deed by ground lease often restrictions are included with regard to the use of the land. For example, it may be prohibited to use the land for commercial purposes or to rent the land to third parties.
Also in the deed by ground lease often agreements are made about possible changes to the land or buildings. For example, it can be recorded that the leaseholder permission must ask the owner before building a new shed or planting a tree on the property.
Finally, in the deed by ground lease often determines what happens at the end of the leasehold period. For example, the leaseholder may have to return the land in its original state, or the leaseholder may be given the opportunity to buy the land from the owner.
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