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Key Legal Considerations of Structuring Real Estate Deals As Ground Lease or Sale
When it comes to structuring a real estate deal, one of the most fundamental questions is whether the land should be leased under a long-term ground lease or sold outright. At first glance, the distinction may seem simple: a ground lease allows a landowner to retain ownership, and the tenant is permitted to use and improve the land, while a sale conveys fee title to the purchaser. But the legal, financial, and practical consequences of this choice are significant and can shape the future of a property for decades.
This decision isn’t only about economics — it touches on control, flexibility, financing, taxes, and long-term planning. Whether a client is a property owner evaluating how best to monetize their land, or a developer deciding how to structure a project, it’s important to understand the transactional differences, benefits, and risks of a ground lease versus a sale.
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