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Understanding Leasehold Properties on the Big Island of Hawaii A Comprehensive Guide for Homebuyers

Posted by benjamen.harper@gmail.com on October 14, 2024
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Leasehold properties Big Island explained

Hilo, HI

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Table of Contents

Quick Facts | Leasehold Properties Big Island Explained | Introduction | History of Leasehold Properties on the Big Island | Advantages of Leasehold Properties | Disadvantages of Leasehold Properties | Types of Leasehold Properties on the Big Island | What to Expect When Owning a Leasehold Property | The Impact of Leasehold Properties on the Big Island: A Home Buyer’s and Seller’s Guide | Frequently Asked Questions | Resources & Links

Quick Facts

  • Leasehold properties are common on the Big Island of Hawaii, particularly in developed areas like Hilo and Kailua-Kona.
  • Leasehold means you own the improvements (home, etc.) but not the land, which is leased from the fee owner.
  • The lease term typically ranges from 55 to 99 years, depending on the property.
  • When the lease term ends, you may need to renegotiate a new lease, give up the property, or try to purchase the fee.
  • Fees paid on a leasehold property typically cover the use of the land and the property’s services (water, sewage, etc.).
  • Leasehold properties on the Big Island can be bought and sold like fee simple properties, but with consideration for the remaining lease term.
  • Prospective buyers should work closely with a qualified realtor to understand the implications of a leasehold on a Big Island property.
  • Many leasehold properties in Hawaii fall under a category known as ‘Act 221,’ where a portion of the lease rent paid by the lessee can be claimed as a Hawaii state income tax credit.
  • Government agencies and lenders may not provide financing for properties with less than 45-50 years remaining on their lease term, or with uncertain lease renewal conditions.
  • Rent increases and renewal terms should be examined thoroughly in the lease contract, to assess its potential impact on a buyer’s long-term finances.

Leasehold Properties Big Island Explained

Introduction

Big Island, one of the Hawaiian Islands, is known for its breathtaking landscapes and unique real estate market. When it comes to purchasing a property on the Big Island, you may come across the term “leasehold.” Many prospective buyers are not familiar with the concept of leasehold properties and how they differ from fee simple properties. In this article, we will delve into the intricacies of leasehold properties on the Big Island, discussing their history, advantages, and disadvantages, as well as what to expect when owning a leasehold property.

History of Leasehold Properties on the Big Island

Leasehold properties have been around for decades on the Big Island. The concept of leasehold originated from the feudal system, where the land was owned by a lord and the tenant had the right to use the land for a specified period in exchange for rent or services. Similarly, on the Big Island, many landowners, often large trusts or corporations, have opted to lease their land to homeowners rather than selling it outright.

Advantages of Leasehold Properties

While leasehold properties are often viewed as less desirable than fee simple properties, there are several advantages to owning a leasehold property on the Big Island. Some of the benefits include:

  • Lower Purchase Price: Leasehold properties are often priced lower than fee simple properties, making them more affordable for buyers. This is because the buyer is only paying for the right to use the land, not the land itself.
  • Lower Maintenance Cost: Leasehold properties typically come with lower maintenance costs, as the landowner is responsible for maintaining the land and any common areas.
  • Access to Amenities: Many leasehold properties on the Big Island offer access to amenities such as golf courses, swimming pools, and clubhouses, which are maintained by the landowner.

Disadvantages of Leasehold Properties

Despite the advantages of leasehold properties, there are several disadvantages to consider:

  • Lease Expiration: Leasehold properties come with a lease that expires after a specified period, usually 55-99 years. This can impact the resale value of the property, as the lease may be viewed as less desirable by potential buyers.
  • Rent Increases: The rent for leasehold properties is subject to periodic increases, which can be a significant financial burden for homeowners.
  • Limited Control: As a leasehold property owner, you may have limited control over the land and any changes that are made to it.
  • Lease Renewal Negotiations: When the lease expires, you will need to renegotiate the terms of the lease with the landowner, which can be a time-consuming and costly process.

Types of Leasehold Properties on the Big Island

There are several types of leasehold properties available on the Big Island:

  • Residential Leases: These are the most common type of leasehold property and offer homeowners the right to occupy a single-family home or condominium.
  • Commercial Leases: These leases are designed for businesses and offer the right to use the land for commercial purposes.
  • Agricultural Leases: These leases are used for farming or ranching purposes and offer the right to use the land for agricultural activities.
  • Condominium Leases: These leases are used for condominium owners and offer the right to occupy a unit within a condominium complex.

What to Expect When Owning a Leasehold Property

Owning a leasehold property on the Big Island comes with both benefits and challenges. Here are some key things to expect:

  • Lease Terms: The lease terms will outline the length of the lease, the rent due, and the responsibilities of both the homeowner and the landowner.
  • Rent Payments: You will need to make regular rent payments to the landowner, which may be subject to periodic increases.
  • Maintenance and Repairs: As a leasehold property owner, you will be responsible for maintaining and repairing the property, but the landowner may be responsible for maintaining common areas.
  • Selling a Leasehold Property: When selling a leasehold property, you will need to provide the potential buyer with detailed information about the lease, including the rent, lease terms, and any restrictions.

The Impact of Leasehold Properties on the Big Island: A Home Buyer’s and Seller’s Guide

As a homeowner or aspiring homeowner on the Big Island of Hawaii, understanding the concept of leasehold properties is crucial to making informed decisions in the real estate market. Leasehold properties have a significant impact on both buyers and sellers, affecting everything from property values to ownership rights.

What is a Leasehold Property?

A leasehold property is a type of ownership where the homeowner has a long-term lease on the land, typically from a private or government entity, but does not own the land outright. This arrangement allows individuals to purchase the structure or dwelling, but the owner of the underlying land retains ownership and control.

Impact on Home Buyers:

  • Restrictions on Land Use: Leasehold properties often come with restrictions on land use, which can limit the buyer’s freedom to make changes to the property.
  • Lease Term: The length of the lease can vary, but typically ranges from 50 to 99 years. Buyers must carefully consider the remaining lease term and the potential costs and logistical challenges of renegotiating or renewing the lease.
  • Ground Rent: Buyers of leasehold properties typically pay ground rent to the landowner, which can increase over time.
  • Rental and Extension: Buyers must plan for future lease renewal or extension costs, which can be unpredictable.

Impact on Home Sellers:

  • Reduced Market Value: Leasehold properties often sell for lower prices than fee simple (freehold) properties due to the ownership limitations.
  • Difficulty Selling: Leasehold properties can be more challenging to sell, especially if the lease is expiring or has other restrictions that may deter potential buyers.
  • Lease Terms Disclosure: Sellers must disclose the terms of the lease to potential buyers, which can impact the saleability of the property.
  • Market Competition: Leasehold properties may face increased competition from fee simple properties, making them less attractive to buyers.

Mitigating Strategies:

  • Carefully Review Lease Terms: Buyers should carefully review the lease terms, including the lease duration, renewal options, and ground rent.
  • Consult with a Realtor and Attorney: Both buyers and sellers should consult with a knowledgeable realtor and attorney to navigate the complexities of leasehold properties.
  • Consider Fee Simple Options: Buyers and sellers should weigh the benefits and drawbacks of fee simple properties, which may offer greater flexibility and ownership rights.

Frequently Asked Questions:

  • What is a leasehold property? A leasehold property is a type of property ownership where the buyer purchases a long term lease from the lessor or landowner but does not own the land.
  • What is the difference between leasehold and fee simple? Leasehold is a type of property where the buyer has a long term lease on the land but does not own it. Fee simple is a type of property ownership where the buyer owns the land outright.
  • What are the benefits of owning a leasehold property? Some benefits of owning a leasehold property include lower upfront costs and lower property taxes compared to fee simple properties.
  • What are the risks of owning a leasehold property? Some risks of owning a leasehold property include potential lease fee increases, loss of property use at the end of the lease, and the risk of the landowner not renewing the lease.
  • How long are typical leasehold agreements? Typical leasehold agreements on the Big Island can range from 35 to 99 years, with 55 years being a common term.
  • Can I extend my leasehold agreement? Yes, leasehold agreements can be extended, but the terms and conditions of the extension are negotiated with the landowner.
  • Can I sell my leasehold property? Yes, leasehold properties can be sold, but the new buyer must agree to the terms and conditions of the existing lease.
  • What is the reversion clause? The reversion clause is a provision in the lease agreement that specifies what happens to the property when the lease ends. Typically, the property reverts back to the landowner.
  • What are lease fees? Lease fees are annual fees paid by the leasehold property owner to the landowner for use of the land.
  • How much are lease fees on the Big Island? Lease fees on the Big Island vary depending on the location, size, and terms of the lease, but can range from a few hundred to several thousand dollars per year.

Resources & Links

Leasehold Properties Explained

Realtor Leasehold Definition and Explanation

Leasehold Leases on the Big Island Hawaii

Guide to Investing in Leasehold Properties

Kona District’s Leasehold to Fee Simple on the Big Island

New Listings & Properties for Sale in Leasehold properties Big Island explained

What Is a Leasehold Property?

Buying Leasehold Properties in Hawaii

Hawaii Leasehold Vs Fee Simple Explained | Hawaii Real …

Understanding Leasehold and Fee Simple Properties in …

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