All Topics / The Treasure Chest / Lease Hold Properties

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  • Profile photo of puissancepuissance
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    @puissance
    Join Date: 2003
    Post Count: 72

    does anyone know much about lease hold properties?

    If the crown grants a 99 year lease on the land and u build a high rise on it, eg. the peak and Kings St Wharf in Sydney and the lease runs out in 99 years and the crown chooses not to renew the lease, what happens to the properties?

    Profile photo of Elysium-MElysium-M
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    @elysium-m
    Join Date: 2003
    Post Count: 259

    Any improvements on the land (that includes any buildings, fixed structures, etc) becomes part of the land. ie the owner of the land owns the improvements, even though someone else may have built those improvements or paid for them. The lessee of the land merely has the right to use and occupy the land and any buildings on the land.

    The simple answer to your question is that the Crown will own the land and the buildings from day one, and if the lease runs out and is not renewed, it simply means that you lose the right to occupy the land and the buildings – that right goes back to the Crown.

    Your next question may be: “hang on isn’t it unfair for the landlord to get a windfall?” There’s a complex body of law (is there any other?!) dealing with such issues, such as unjust enrichment, restitution, etc. I can’t give an accurate account of all this stuff in a posting (or without having to do some extensive research, for that matter).

    Cheers
    M

    Profile photo of puissancepuissance
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    @puissance
    Join Date: 2003
    Post Count: 72

    where can i find more information about this?

    Profile photo of Elysium-MElysium-M
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    @elysium-m
    Join Date: 2003
    Post Count: 259

    Try a law library (in a university with a law school), and look up books on property law.

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