White Paper

4 Pages
  • 4 Pages

Ground Leases: Some Basics, Some Specifics and How to Make Them Financeable


Ground leases are quite common however they are also frequently overlooked property interests.

Ground leases are commonly used by landlords for many different reasons. They are used to retain ownership of real property for estate planning purposes, and to generate an income stream, among other reasons. Tenants under a ground lease may be interested in making improvements on the real property and obtaining financing to do so. This white paper reviews the how a tenant can borrow against real property it doesn’t own, and reviews lender’s financing rights.



Eben Clark


Recently elected by his peers to The Best Lawyers in America© 2018 for Colorado Real Estate Law, Eben Clark focuses his practice on real estate transactions, project finance transactions and development as part of BakerHostetler's Energy, Hospitality and Financial Services teams. Eben’s matters frequently include land use, permitting and access issues related to public and private lands. Eben also acts as general outside counsel for clients in a variety of industries, using BakerHostetler's broad range of subject matter professionals to assist with the clients' day-to-day legal needs.

Eben's wealth of experience in Colorado and the West has proven extremely valuable to developers, lenders and owner-operators. Local land use controls, federal regulation and the interaction of public and private lands present unique challenges in the West. Eben's experience and aggressive problem-solving helps clients navigate these obstacles, craft effective solutions and achieve positive outcomes. Since joining BakerHostetler, Eben has applied his knowledge and experience to utility scale renewable energy development, transactions on behalf of national lenders, and development in Colorado’s Front Range and the West's world-class ski resorts.

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