About the Course
Introduction
This CLE webinar will examine the legal and practical ground lease fundamentals, including core provisions and the benefits and risks for both landlords and tenants. Participants will get an introductory overview of what makes a ground lease "financeable," with a focus on financing structures (including leasehold and fee mortgages), lender protections, and key negotiation and drafting considerations.
Description
A ground lease can be an attractive method to develop commercial property. Ground leases offer long-term income and certainty for landlords, as well as flexibility and stability for tenants. In a ground lease, the landlord retains the fee interest in the land while the tenant retains a leasehold interest in the improvements they make.
This separation of interests impacts financing and the loans the parties can secure related to their project. So, making sure a ground lease is financeable is critical for landlords and tenants considering a ground lease, as well as for lenders who underwrite them. This introductory course will outline what makes ground leases attractive; the necessary agreement provisions needed to ensure a ground lease is financeable; a tenant's leasehold mortgage and its key terms; and special considerations for a landlord's fee mortgage, including when to consider and negotiate a subordinated ground lease.
Listen as our authoritative panel reviews key drafting provisions and how to balance competing landlord, tenant, and lender interests for a financeable ground lease.
Presented By
Mr. Homburger concentrates his practice in the area of real estate financing, development and investment, and he is particularly noted for his experience in sale/leaseback transactions and the use of advanced financing techniques. He served as an adjunct professor of law at The John Marshall Law School, where he taught a course in advanced real estate transactions. Mr. Homburger is a frequent speaker and writer on topics such as sales and leaseback financing, commercial real estate leases and mortgages, and numerous others.
Mr. O’Sullivan represents developers, investors, governmental entities and not-for-profit institutions on a range of real estate matters with a focus on development issues, particularly those that arise in public-private transactions. He has represented clients on a range of complex transactions for properties across the U.S., including acquisitions and dispositions, large-scale developments, joint ventures, construction projects, and public and private financings. Mr. O’Sullivan also navigates clients through the multi-step process of applying for and utilizing tax incentive programs at the local and federal level. He advises clients on the tax incentives available for investors in Qualified Opportunity Zones and on how to structure those investments given the evolving regulatory framework.
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This 60-minute webinar is eligible in most states for 1.0 CLE credits.
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Date + Time
- event
Thursday, June 18, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Introduction: When should you consider a ground lease and why?
II. Basic terms of a ground lease
A. Construction and improvement ownership
B. Terms: permitted uses, rents, costs and expenses
C. Assignment and subletting
III. Due diligence
IV. Financing considerations
A. To subordinate or not to subordinate?
B. Key tenant and landlord provisions and differing interests
C. Lender protections to consider
D. Casualty and condemnation
The panel will review these and other important issues:
- What are the essential provisions of a ground lease?
- How can you make a ground lease financeable?
- What are the key negotiation and drafting provisions for a leasehold mortgage?
- When should a landlord consider and negotiate a subordinated ground lease?
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