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FACT or FICTION? Honolulu County Leasehold Land

By
Real Estate Agent with Liberty Homes RS-#62825

hawaii laniakea beach north shoreI've met many a buyer who obtain their ‘information' from unreliable sources (i.e. friends, family etc. who claim to know everything about Hawaii Land because they've read something somewhere). Most recently, a potential tenant who just Moved to Hawaii told me that he would never buy here because our land is ALL leasehold.

HUH? That is just NOT true. We have just so much buildable land here (obviously) and there are many areas that are protected (preservation, conservation) as well as MANY..MOST... areas that are fee simple (outright own the land or an interest in the condo land)

Before spreading rumors, please consult with an experienced Realtor®


What's Leasehold Land?  Leasehold Land is land owned by someone else (the fee holder).  The land owner earns monthly income from rent paid by the homeowner and the leases usually run for 55 -60 years.  This rent is usually fixed for 30 years and adjusted at fixed intervals over the remaining length of the lease.

Leasehold land is affordable as you're not paying for the land...you're renting the land under your abode.

**The fee holder may give the opportunity to purchase the fee interest (the land) and it's usually advisable to avoid the risks involved with leasehold land.**

The risks ......

  • Lenders will finance the purchase for a period 5 years less than the remaining term on the lease.  (i.e.  If there's  25 years left on the lease, the lender will finance for only 20 of those years.)  And....your monthly mortgage payments are higher.
  • It's harder to sell the lease on the land when the expiration is closer to expiring. At this point it is not known if the fee holder is renewing the lease.
  • When it's time to renegotiate the lease the lease holder may increase the rent as has been the case in the recent past with the market prices rising.
  • You may end up paying more (in monthly mortgage payments & the lease) than a like kind property that is fee simple.
  • The landowner may not renew the lease at the expiration date and then the "reversionary clause" takes over.
  • Obviously, this means the landowner is not under any obligation to renew the lease. And means that the leaseholder HAS TO LEAVE THE PROPERTY and is entitled to nothing. And means that the ownership of the structure reverts to the landowner. PERIOD.

Bottom line is that today there are very few leasehold houses remaining on Oahu. I took my own survey for the last six months (MLS data) and only 5 properties that were single family and listed as leasehold land sold on ALL of Oahu. One hundred thirty condo/townhouse units that were listed as leasehold sold on ALL of Oahu.  There are approximately 20,000 condo units of 135,000 that are leasehold on Oahu and less than 20% of all Oahu land is leasehold.

 

Ask your HAWAII Realtor® about land ownership.

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Celeste "Sally" Cheeseman is a Realtor-Associate with Century 21 Liberty Homes in Mililani, Hawaii. With a sharp understanding that a listening ear is the key to a client's needs  she serves the island of Oahu (Honolulu County) and all Hawaii Military Relocating to Hawaii, Hawaii Retirees, Hawaii Job Transfers and Hawaii Residents. Website: www.hawaiihomesmarket.com

  

 

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Celeste "Sally" Cheeseman  is a Realtor-Associate® and Certified Residential Specialist (CRS) with Century 21 Liberty Homes in Mililani, Hawaii. With a sharp understanding that a listening ear is the key to a client's needs  she serves the island of Oahu (Honolulu County) and all Hawaii Military Relocations, Hawaii Retirees, Hawaii Job Transfers and Hawaii Residents, Home Buyers and Sellers.

 

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Hawaii Real Estate and Relocation Blog.

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Comments(13)

Jason Sardi
Auto & Home & Life Insurance throughout North Carolina - Charlotte, NC
Your Agent for Life

Sis - I've never been a fan of leasehold land, but it certainly is right for some folks.  Baltimore, Maryland is known for a heavy amount of properties with leasehold land.

Apr 30, 2009 07:27 AM
Gabrielle Kamahele Rhind
KGC Properties LLC, Tucson Property Management & Real Estate - Tucson, AZ
Broker/Owner

HELLO SALLY!  Very refreshing input on leasehold vs. fee simple.  My parents have an investment condo in Hilo and the leasehold land on it expires in 2012.  The owner of the land is not going to renew the lease.  Against my wishes they bought from a FSBO thinking they would get a better deal if they did not use a Realtor.  Now they know what it really cost them.  A Realtor would have told them the "real" year the lease expired compared to the year the Seller "thought" it expired.  Live and learn! -- Gabrielle

Apr 30, 2009 07:42 AM
Celeste "SALLY" Cheeseman
Liberty Homes - Mililani, HI
(RA) AHWD CRS ePRO OAHU HAWAII REAL ESTATE

Lil Bro: It may be right for some folks... I made sure to buy fee in my little townhouse...it's ALL mine :)

Gabrielle: Ouch...that IS a lesson hopefully learned. Yeah...some believe that they have better 'know how' to purchase property...or sell it.. 

Apr 30, 2009 07:45 AM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Sally, come on, of course Uncle Charlie is an expert and is the go to guy.  When are Loan Officers and
Realtors going to finally realize that :) :) :)

Apr 30, 2009 08:12 AM
Celeste "SALLY" Cheeseman
Liberty Homes - Mililani, HI
(RA) AHWD CRS ePRO OAHU HAWAII REAL ESTATE

George: No sh  kidding George. I know I must have had daggers in my eyes. This guy even went as far as to say a real estate agent told him that.  arghhhh!

Apr 30, 2009 08:23 AM
Michael S. Mackey
CENTURY 21 All Islands - Mililani, HI
REALTOR ABR, CRS, GRI, RSPS

Good post Sally! It's been so long since I've had an issue with Leasehold, I forgot there are people who still think Hawaii is all leasehold. One point I would like to make, if you don't mind. Leasehold in Hawaii has one big difference from most of the mainland. Here, leasehold is treated as real property and can be part of a persons estate, and is willable. In other words, if a property owner of leasehold land dies, the lease does not terminate with the lessee, but is transferrable to his/her heirs.

Apr 30, 2009 09:11 AM
Andrea Swiedler
Berkshire Hathaway HomeServices New England Properties - New Milford, CT
Realtor, Southern Litchfield County CT

That is very rare here, I don't think I have ever seen anything for sale like that. I will have to check up on this here! Anyway, the point is, getting your information from those friends and relatives can really be a problem. Fighting that information is very difficult, which I don't understand.

Thank you for the information!

Apr 30, 2009 09:45 AM
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

Sally - thanks for a great education. Not something I am a fan of but may be right for some folks in certain situations.

Jeff

Apr 30, 2009 10:43 AM
Susan Neal
RE/MAX Gold, Fair Oaks - Fair Oaks, CA
Fair Oaks CA & Sacramento Area Real Estate Broker

Hi Sally - Yes, for years the "conventional wisdom" was that you could only get a ground lease in Hawaii.  I don't know how that rumor started, but many of my friends and family who bought there years ago said the same thing, although I think a couple of them learned differently.

In my previous life as an attorney, I negotiated the purchse of shopping centers and office buildings in Southern Caliofnria, and most of them were on ground leases - anywhere from 50-99 years.  It is true even with them that the loans never went as long as the leases, but investors were able to buy shopping centers they could never have afforded if they had to purchase both the land and the buildings.

Apr 30, 2009 10:55 AM
Celeste "SALLY" Cheeseman
Liberty Homes - Mililani, HI
(RA) AHWD CRS ePRO OAHU HAWAII REAL ESTATE

Michael: Good add on Mike!  There's more to it than the pointers I've listed and important to research everything before diving in....for others it may be a good thing too :)

Andrea: It's one thing to ask...another to quote misinformation as if it's fact....grrrr..

Jeff:  Who knows...depends on the circumstances and situation for each individual.

Susan: There's a new industrial building with many warehouse spaces near my house. I had to look twice at the FEE SIMPLE for 500k for a space as many commercial areas are leased land.

Apr 30, 2009 11:11 AM
William Johnson
Retired - La Jolla, CA
Retired

Woo Hoo, That's telling em,lol. Fact and fiction seem to be meshing together a lot these days. The Factoid on Leaseholds is great. A lot of the leased land developments ( only one residential subdivision comes to mind in La Jolla) in Southern California were originlly set up with 99 year leases. When the lease comes due, depending on the agreement in effect at time, the lease may be extended.  In Palm Springs there is a lot of land that was leased for residential as well as commercial. I would think that the land leases would be far more valuable than the land itself but with the improvements included in ownership if it reverts back, would certainl leave a lot of unhappy campers ( literally).

Apr 30, 2009 11:42 AM
Celeste "SALLY" Cheeseman
Liberty Homes - Mililani, HI
(RA) AHWD CRS ePRO OAHU HAWAII REAL ESTATE

William: Yeah....a few months ago a condo apartment building's lease was up and they were not renewing. Yeah...displaced people...SOL...

 

Apr 30, 2009 12:45 PM
Jennifer Fivelsdal
JFIVE Home Realty LLC | 845-758-6842|162 Deer Run Rd Red Hook NY 12571 - Rhinebeck, NY
Mid Hudson Valley real estate connection

Sally misinformation can certainly hold people back from marking a decision.  Your explanation should set a few people straight.

May 01, 2009 01:26 PM