Encyclopedia

Leasehold

The right to use land or space for a set time under a lease.

For example: A buyer of a leasehold unit checks how many years remain on the head lease. (Illustration only, not a real deal.)

Official source: Land Title Act (BC Laws)

Example only, not a real client. Say you are offered a building on leased land at a lower price than nearby freehold properties. You check how many years are left on the ground lease and what happens at the end, then adjust your offer to reflect that.

What I’d tell a friend

With leasehold, the years left on the lease matter a lot. Check them, and the end-of-term terms, before you buy.

Why it matters to you

As the remaining term shrinks, so does what lenders will lend and what buyers will pay. A leasehold with a long runway can work well, but one with only a couple of decades left can be hard to finance or sell.

How to use it in your deal

Buyers should read the ground lease in full: the remaining term, rent and how it resets, permitted uses, assignment rules, and what happens at the end. Ask lenders early, since many want a remaining term well beyond the loan's amortization. Owners should start talking about extensions long before the term gets short.

Tenants of buildings on leasehold land should check that their lease term fits inside the ground lease. Lenders may limit loans as the term shortens, which affects resale. Check renewal rights and rent reviews in the ground lease. Buyers should get the full ground lease, including all amendments, before subject removal.

Mistakes I see

Valuing leasehold like freehold. Missing a ground rent reset that sharply raises costs. Assuming the lease will be extended.

In BC and Vancouver

Long ground leases are registered under the Land Title Act. Leases on reserve land follow federal rules, and some First Nations have their own land codes.

Official sources: Land Title Act (BC Laws) · Land Title and Survey Authority of BC · CanLII (court decisions)

What it means

Leasehold is the right to use land or a building for a set period under a lease, rather than owning it outright.

When the lease ends, the land and often the buildings return to the landlord unless the lease says otherwise.

What to check

Look at the remaining term, ground rent and how it changes, and any rights to renew.

Lenders may be cautious when the remaining term is short, which can affect financing and resale.

Read who owns the improvements at the end and any restrictions on use or transfer. Check with a BC lawyer before you commit.

Questions to ask before you sign

  • How many years remain?
  • How is ground rent set and when does it reset?
  • Will lenders finance this term?
  • What happens at the end?
  • Can it be extended?

Keep reading

Related terms: Freehold, Fee simple

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General information for British Columbia only. It isn’t legal, tax, accounting or financial advice, laws and rates change, and reading it doesn’t make you my client. Any numbers or scenarios are hypothetical. Check the linked official source and talk to a lawyer, accountant or other qualified professional before you act or sign anything. See the terms and disclaimer.