Leasehold (LH) v. Fee Simple(FS) v. Fee Available (FA)
In the state of Hawaii we have land that is conveyed in a
couple of tenures. There is Fee Simple which is what property in
the mainland is conveyed in. This means
that when you buy the home you also own the land or interest in the land if you
are buying a condominium or town home.
Leasehold
property means that you only own the improvement on the land, not the
land. For example, if there is a single
family dwelling on the land then you only own the home and the land is owned by
someone else. This often means you have
to pay an additional fee every month called the Lease Rent. Basically, you are renting the land from the
land owner.
This lease rent can range from a very low amount to a very
high amount. For instance there are
lease rents below a hundred dollars a month to a property in Kahala that is
over a thousand dollars a month.
Leasehold was created at a time in Hawaii when property was
too expensive for individuals to purchase and instead of selling off the land
the land owners decided to rent out the land and sell the homes on them. This allowed the land owners to increase
their land value. However, this system
was created 40+ years ago and many of the leases are now terming out.
This means that there is often less than 30 years remaining
on the lease and some are even expiring.
The problem for buyers and sellers when the lease amount is less than 30
years is that mortgages are difficult to obtain and will only be giving for a
certain term with a cushion. For
example, say there is 20 years on the lease remaining. The mortgage company will give you a mortgage
for 15 years. Different mortgage
companies vary in the cushion they need so this number may vary. However, what it comes down to is that you
can’t obtain a 30 year mortgage on a property that is sold in leasehold with
less than 30+2-5 years remaining.
The other hurdle to overcome is when the lease rent is going
to be bumped up. Throughout the life of
the lease rent there are step ups in the lease hold portion. This means that your lease rent maybe $200 a
month but in three years it will possibly change. No one can tell you how much it will increase
and banks will look at when the next step up is scheduled for when considering
your mortgage.
What this all means is that if considering a leasehold
property you will possibly have a shorter term mortgage, which means your
monthly mortgage amount will be more than if it were termed out at 30
years. Also, that when calculating if
you can afford to purchase the property the lease rent amount will be
calculated in and this will often mean less buying power.
The great thing about leasehold properties is that their
values are often much lower than fee simple and there are still a few
situations that are great opportunities for a buyer. Word of caution though; make sure you really
understand what you are getting into and the circumstances of the lease portion
of the property.
Land is not conveyed in Fee Available but if you should see
this under tenure on an MLS sheet provided to you by your realtor what this
means is that the fee is available for purchase. IF at all possible, we highly recommend
purchasing this at the same time you purchase the property; by doing so you
will be buying in Fee Simple which is the best tenure to buy in.
Should you have any questions regarding tenures in Hawaii
please feel free to contact Mike at 808-630-1828 or Gayle at 808-388-1485.




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