ground rent

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Ground Rent

Perpetual consideration paid for the use and occupation of real property to the individual who has transferred such property, and subsequently to his or her descendants or someone to whom the interest is conveyed.

Ground rent agreements have sometimes required the payment of rent for a term of ninety-nine years, with renewal at the option of the party who pays it. In this type of agreement, the lessor retains title to the property. Large structures, such as hotels and office buildings, are ordinarily built on land under ground rent leases.The concept of a ground rent arrangement is English in origin. Its original purpose was an attempt by feudal tenants to put themselves in the role of lords over lower tenants. This was proscribed by a law passed in 1290 that made every tenant a subject only to the overlord.

In the United States, the only states where the ground rent system has been used to any great extent are Maryland and Pennsylvania. These agreements were initially popular as a method of encouraging renters to improve the property, since they could own the buildings while paying rent on the land. The courts enforced the ground rent agreements, and they gained popularity with investors who purchased and sold shares in ground rent agreements.

Although the ground rent system was not used in New York, the state courts did recognize comparable manorial or perpetual leases. A deed setting up a ground rent arrangement might indicate that it is to last for ninety-nine years, but since most agreements are automatically renewable, ground rents can last forever.

An obligation to pay the rent can terminate if (1) the individual entitled to receive rent forfeits such a right in a deed or other instrument; (2) the land is taken by Eminent Domain and the individual entitled to receive rent is compensated for the loss; (3) the agreement setting up the rent is breached and is thereafter unenforceable; or (4) the landowner also becomes the individual entitled to receive the rent or buys back the right to receive rents.

Under the Common Law, rents that were not demanded for a number of years could not be collected, since the law assumed that they had been paid.

The term ground rent is currently applied to a lease for land upon which the tenant constructs a building. While the landlord continues to own the land, the tenant owns all of the structures and pays rent for the ground only.

ground rent

rent reserved under a lease, usually for a long term of years, by lessor and payable by whomsoever will be the lessee for the time being; the lessee may assign his terms subject to the ground rent. Ground rent is often reserved in respect of building leases under which the lessee will erect buildings that, at the termination of the lease, will become, together with the land, the property of the lessor.

GROUND RENT, estates. In Pennsylvania, this term is used to signify a perpetual rent issuing out of some real estate. This rent is redeemable where there is a covenant in the deed that, before the expiration of a period therein named, it may be redeemed by the payment of a certain sum of money; or it is irredeemable, when there is no such agreement; and, in the latter case, it cannot be redeemed without the consent of both parties. See 1 Whart. R. 837; 4 Watts, R. 98; Cro. Jac. 510; 6 Halst. 262; 7 Wend. 463; 7 Pet. 596; 2 Bouv. Inst. n. 1659, and note, and Emphyteosis.

References in periodicals archive ?
The problem of reviewable ground rents on housing developments was illustrated locally in the last couple of years by the case of the Elba estate in Swansea.
Everything was going smoothly and we were ready to exchange contracts, but the buyer's solicitor asked for a sales pack from the ground rent company and uncovered the clause.
setting ground rents to zero levels in recent years these have increased significantly, in some cases doubling every 10 years
The move comes after reports in the media revealed that a recent amendment to the law has lead to sharp increases in ground rent - for instance some home owners who lease the plot their home is built on have received notice that their ground rent will go up from NOK1,000/year to NOK30,000/year.
Local people will be absolutely appalled that they should have to pay ground rent to an absentee landlord.
This may be satisfactory as a general proposition of the objectives of Marxian value analysis, but it faces difficulty in the understanding of ground rent, for here the relationship between "natural" and (human) "produced" phenomena must be addressed directly.
It said the owner of the property has deliberately abused and violated the land use as well as it has not been paying ground rent since 2010.
The corporation in those days often had differences with the Karachi Development Authority (KDA), and nothing could highlight it more than when on Feb 22 the KMC moved the provincial government for the recovery of about Rs50 million collected by the KDA as premium and ground rent for the municipal land allotted to various cooperative housing societies.
OTTERBURN Hall Lodge Park is a freehold ground rent investment which comprises 34 lodges, three cottages and a farm house.
But this year she learned the leashold had been sold to a new owner and that the ground rent she was paying was set to double - making her house harder to sell.