What Is Fee Simple Ownership?
Fee simple ownership is probably the most familiar
form of property ownership to buyers of residential property, especially on
the US Mainland. Fee simple is sometimes called fee simple absolute because
it is the most complete form of ownership. A fee simple buyer acquires ownership
of the entire property, including both the land and buildings. The fee
simple owner does not pay ground rent, but does pay maintenance fees and
real property taxes. The fee simple owner has the right to possess, use
the land and dispose of the land as he wishes - sell it, give it away,
trade it for other things, lease it to others, or pass it to others upon
death.
What Is Leasehold Ownership?
A leasehold interest is created when a fee simple
landowner enters into an agreement or contract called a ground lease with a lessee.
A lessee buys leasehold rights much as one buys fee simple rights; however,
the leasehold interest differs from the fee simple interest in several
important respects. First, the buyer of residential leasehold property
does not own the land and must pay ground rent. Second, his use of the
land is limited to the remaining years covered by the lease. Thereafter,
the land returns to the lessor, and is called reversion. Depending
on the provisions of any surrender clause in the lease, the buildings and
other improvements on the land may also revert to the lessor. Finally,
the use, maintenance, and alteration of the leased premises are subject
to any restrictions contained in the lease.
Conversion of leasehold property to fee simple ownership involves purchasing
the landowner's remaining interest, called the leased fee interest.
The lessors of many, if not most, leasehold properties are currently offering
to sell their leased fee interests to their lessees or prospective buyers
of a leasehold property.
What Is A Leased Fee Interest?
The ownership of a leasehold property is divided into
two portions: the leased fee interest which is owned by the lessor and the
leasehold interest which is purchased and owned by the lessee. The
leased fee interest refers to those rights retained by the landowner
of the leased land which include the right to receive rent (an income stream) and
the right to get the land back at the end of the lease (reversion).
Cooperative (Co-op) Housing
Cooperative housing is the joint ownership of a
property. It allows each tenant shareholder to occupy a dwelling unit for
dwelling purposes solely by reason of the tenant shareholder's part ownership
in said property.
© 1995-2006 Honolulu Board of
REALTORS®.All rights reserved.
Information herein deemed reliable but not guaranteed.
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