Ground lease? - Posted by Mary (CA)
Posted by Mary (CA) on October 12, 2007 at 11:34:35:
Wouldn’t this be a land lease? Very creative, btw.
My notes (gathered from a variety of sources)on pricing ground leases, says that you determine the required rate of return on the market value of the land.
If you can figure out the value of your lot (probably discounted for being landlocked), then say you want a 7% return - then 7% of the value would be the lease amount NOW. You might try for a NNN - and require users to insure for liability and pay all your taxes. Then it would be a pure cashflow situation for you. Don’t forget to allow for rent increases, tax increases, etc. (you might check out some of the HI websites, as a lot of HI properties are still on land leases).
As for adverse possession, if taxes hadn’t been paid, it wouldn’t be possible in the normal scheme of things, unless your state rules don’t require taxes to be paid for AP, so you may be ok there. However, you can’t say that someone only has 3 years of use - they can tack on the prior owners’ use too to get to the required years. You’re lucky if it’s 15. Here in CA, it’s only 5 years.
You should, however, expect the homeowners to be rather hostile to your “Dear Homeowner, I own the strip of land you’re using for your swimming pool. The current rent will be $X plus taxes, payable monthly at $x/month with COLA increases each year ad infinitum. Please remit your rental payments, payable to [you] to P. O. Box 1234, your town, state by the 1st of each month.”
Have you looked into whether you are entitled to an easement for the property? A local real estate attorney can tell you whether your state law provides for this.
In a lot of situations, if the property was ever owned in conjunction with property with road access, you’d be entitled to easement. Think billboard rental, cell phone towers, etc. (yes, the homeowners will absolutely hate you.)
Mary