White Paper

10 Pages
  • 10 Pages

Things to Watch Out For in Commercial Ground Leases


Potential Pitfalls for the Unwary

Since ground leasing is typically something the average landholder does only once in his life, he is at a disadvantage with respect to understanding business risks of ground leasing from the perspective of the ground lessor, in comparison to a sophisticated ground lease tenant with multiple ground lease experiences. Big box or other major franchise convenience food or retail business are typically experienced and sophisticated with respect to ground leasing. Often they will approach a negotiation based on their own self-generated form, which is well integrated with ground lessee and lender protections. Their ground leases generally contain certain commonly used features. Purchasers of property subject to existing ground leases, in particular convenience food or shopping center leases with national or regional franchise occupants, should expect that the ground lease probably contains these features and should review title carefully to determine if they exist.



Craig A. Kepler

Craig A. Kepler

Ballard Spahr LLP

  • Of Counsel with the law firm of Ballard Spahr LLP
  • Practice emphasizes all aspects of commercial real estate, with significant experience in ground leasing, including multiple big box ground lease projects (Lowe’s, Kohl’s, Costco, Wal-Mart, etc.), as well as multiple single-user triple net projects (Carl’s Jr., El Pollo Loco, CVS Pharmacy, etc.)
  • Conducts regular seminars and workshops on numerous aspects of real estate law
  • Wrote numerous articles concerning real estate transactions
  • Admitted to practice in California and Minnesota
  • Member of the Real Estate Section of The State Bar of California, and member of the Minnesota State Bar Association’s Legislative Committee, Real Estate Section
  • J.D. degree, Wayne State University Law School; B.A. degree, University of Michigan
  • Can be contacted at 612-371-3544 or [email protected]

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

  • Live Webinars
  • OnDemand Webinars
  • MP3 Downloads
  • Course Manuals
  • Audio Recordings*
  • Executive Reports
  • White Papers and Articles
  • Sponsored Live Webinars

Additional benefits include:

  • State Specific Credit Tracker
  • Members Only Newsletter
  • All-Access Pass Course Concierge

* For audio recordings you only pay shipping

Questions? Call 877-296-2169 to speak with a real person.

Sign Up Today

Access to all training products $699/year

Unlimited Lorman Training

With the All-Access Pass there is no guessing what you will need for your yearly training budget. $699 will cover all of your training needs for an entire year!

Easy Registrations

Once you purchase your All-Access Pass you will never be any further than one-click away from attending any Lorman training course.

Invest in Yourself

You haven't gotten to where you are professionally by luck alone; it's taken a lot of hard work and training. Invest in yourself with the All-Access Pass.