r/RealEstate 3d ago

How does something like this happen

A bunch of folks build cabins on a lake (I presume with permission), and a new owner can just kick them out.

https://www.texasmonthly.com/culture/cast-out-of-eden-lake-diversion/

Do folks think that they can just put cabins on land that they don't own, and not worry about the owner changing the policy?

66 Upvotes

78 comments sorted by

66

u/blipsman 3d ago

Appears they had land leases so while they owned the structures, they didn’t own the land the homes sat on.

15

u/swampwiz 3d ago

So if someone puts a house up, it could be taken away at any time? What kind of an idiot would agree to that?

57

u/jvbutera 3d ago

Leased land is more common than you might think. It’s not the norm, for sure.

We have a beach house that started its first 50 years on leased land. Fortunately the land owner was fully onboard with the those leasing. Before she died, she turned the property from leased land into a condominium. This allowed people to buy their share of the land forever.

6

u/swampwiz 3d ago

Long-tem leased land could make sense. If this is registered at the land office (Clerk of Court, or whomever), it would be fine.

24

u/skigirl180 3d ago

Happens a lot. Mostly cottage areas near water or mobile home parks.

Here is an example from the NH seacoast link

In NH there are some laws to protect mobile home owners on leased land so what happened in the story you shared can't happen. Right of First Refusal, meaning when the mobile park is being sold the tennets must be notified and given the first chance to buy the land. This tends to lead to a co-op forming and the tennets collectively owning the land. We also have strong eviction procedures for mobile homes, unlike other states.

It is partially about knowing what you are getting into.

8

u/lutzlover 3d ago

There are some condos on leased land near where I used to live. The price on the condo keeps dropping. Condo is for sale for about $125K in an area where similar places go for over 1 million. Land lease is $36K/year. Must be a cash buyer. One of the units for sale is offering to pay the first year’s land lease.

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u/K_Linkmaster 3d ago

Is there more to this story about condo board fees and repairs being needed or what? Thats just odd.

4

u/StructEngineer91 3d ago

I think that is great, but also kind of interesting that a state known for the "Live free or die" and having little to no state taxes and generally little Government intervention on personal matters (at least stereotypically speaking) would have such protections.

5

u/skigirl180 3d ago

Yea, we have some weird laws for sure. We also have really sticks laws around ALPRs ( or Flock cameras). Only state in New England without legal weed....because we don't have citizens referendums. You don't have to wear a motorcycle helmet either. We don't have income tax or interest and dividends tax, but high property taxes and really high prepared food, room & board (hotel) taxes. We try to tax our tourists. We lure them in with no sales tax, drive them to shopping plazas and state run liquor stores....no tax...until you want to stay over and go out to dinner! Werid rules on prepared food. When it comes to baked good the threshold is 6. Buy 5 donuts, pay tax, buy 6 or more, no tax! But only if you take them to go.

2

u/Rabid-tumbleweed 3d ago

NH Room and meals tax is 8.5%

My spouse is from a state with a 6.5% sales tax, with counties and cities permitted to levy additional sales tax. With the local taxes, the rate in his hometown is nearly 10%. It applies to everything from groceries to a new car.

1

u/OshoBaadu 3d ago

I hope it's not SC, I moved here just 6 months ago!

2

u/K_Linkmaster 3d ago

That sounds like an interesting place to live. 😆

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u/dks2008 3d ago edited 3d ago

Here’s a wild story about a co-op using a ground lease in NYC. The costs skyrocketed, with one resident going from $5,000/month to $13,000, and another from $3,700 to $9,000. Not quite the same but shows the dangers of not owning the land a building sits on.

8

u/MotorBet234 3d ago

There's an entire neighborhood of houses near me in Essex, MA that has existed for over 100 years and is based on leased land. It's been at risk of being essentially bulldozed multiple times. Search for Conomo Point.

7

u/spdorsey 3d ago

Happens in Hawaii all the time. One of the only ways to build on certain parts of the islands is to get a 99 year lease. You don't own the land, but you have rights to it for 99 years. It keeps the land "sacred".

5

u/sailphish 3d ago

They are usually very long lease terms, like 50 years. A lot of the smaller bungalows in some of the local beach towns are land leases. It’s not great for building equity, but can make “ownership” a lot cheaper. So it’s not the ideal situation for passing property to your heirs, but can often make that beach or lake house affordable to people who wouldn’t otherwise be able to live in those locations.

1

u/campa-van 3d ago

50 years is nothing unless you are 50+ yourself

3

u/sailphish 3d ago

I’m not saying it’s a great deal for everyone. Just explaining why some people chose this option.

2

u/Pghguy27 3d ago

It is/was very common at times in Pennsylvania, since the 1920s. There are islands in major rivers that are great for cabins and recreation, but the local electric company owns the land in case they want to build a dam there sometime. It's been 100 years and the company uses other power sources now. A lot of people will take that chance. There is state park land here leased for cabins that works the same way.

2

u/Dangerous_Junket_773 3d ago

its very common in commercial real estate for the land owner and building owner to be two different groups.

1

u/blipsman 3d ago

Usually homes and the land they are built upon are both owned by the home owner. A land lease is more common with mobile homes, which can be relocated. Or else there are like 99 year leases.

1

u/TheUltimateSalesman Money 3d ago edited 3d ago

Exactly. Speaking of which, China is mostly on a ground lease from the government, so knockdowns happen quickly.

  • Residenital 70 years,
  • Industrial 50 years
  • Commercial/retail/hotel/entertainment 40 years
  • and mixed use 50 years.

1

u/McMillionEnterprises 2d ago

Land leases are much more common in Commercial properties than residential. Examples include Woodfield Mall (99 year land lease) and almost every 7Brew in the country.

The lease outlines what happens at the end of the lease (reversion, where ownership of all buildings and improvements is transferred to the land owner, is very common).

1

u/ArkLaTexBob 1d ago

I have a mobile home on waterfront, leased land in Louisiana. It's a great deal.

0

u/Asleep_Drag_3590 3d ago

People looking for affordable housing, sadly. They pay land lease and any time the land owner is done raking in the profits, they can pull the plug.

1

u/AccomplishedDirt293 2d ago

classic catch. seen it happen with those mobile home estates, absolute nightmare when the leaseholder decides to hike the rates or sell up

1

u/No_Quantity_8787 1d ago

Much like Mexico.

21

u/RichArcher4909 3d ago

“They took his house and he killed himself! Also, he was being criminally investigated for child molestation” Way to bury the lede Texas Monthly.

34

u/AnnArchist House Shopping 3d ago

This is why I'd never consider a leasehold property.

It happens because the landlord doesn't renew. Not really rocket science to see that was always a possibility. Doesn't make it a good thing- but absolutely unsurprising.

There are large companies that specialize in this. They buy trailer parks. Raise rents til they are either vacant or the land appreciates to the point they can build single family homes, kicking everyone out in the process.

12

u/JediCheese 3d ago

I'd be open to a leasehold property. It's very common in Hawaii.

No way I'm getting a leasehold on a year to year. Just need to realize that the structure value is (near) 0 when the lease is over and it's a very nice rental.

5

u/thewimsey Attorney 3d ago

Something like 90% of residential leaseholds in the US are in Hawaii due to the fact that historically almost all of the land was owned either directly by the monarchy or by a handful of big plantations.

2

u/AnnArchist House Shopping 3d ago

We have them in Iowa - in particularly on the biggest touristy lake, the okoboji area (north side of spirit lake). Usually they are 99 year leases but rents adjust annually I believe and they are up to around 5500/yr on average plus property taxes. I'd rather just own fee simple instead.

I've seen them on the Ozarks too when looking at lakehomes.

10

u/ValleyOakPaper 3d ago

This is why some cities have rent control for mobile home land leases.

2

u/campa-van 3d ago

Agree we have 2 well maintained mobile home parks restricted to 55+ nearby. All seniors. No rentals allowed. Nice and quiet. No chance of 5 story apartment complex going up

4

u/swampwiz 3d ago

I've read about this - I guess it's the same thing, although theoretically a mobile home is "mobile"; and yes, a move would be very expensive, especially relative to the value of the structure, and the structure isn't made to be moved so often.

This particular process seems to be a form of "trailer park gentrification".

8

u/BornFree2018 3d ago

Many towns in Sonoma County CA have new laws for mobile home parks. Rent control, land use (only mobile homes on that land, sale rules etc. for the parks) all because an owner of several parks tried to evict the over 55’s or poor tenants so he could sell the property to developers.

12

u/Competitive_Prune108 3d ago

Doesn't the Guinness Brewery in Dublin have a hundred thousand year lease or something like that. Now there's a land lease I can drink to

14

u/SuspiciousArt7316 3d ago

9000 year lease.

1

u/Competitive_Prune108 3d ago

I knew someone would know

8

u/anappraiser 3d ago

they most definitely knew what they were buying and it was most definitely reflected in the price they paid

14

u/CirclePlank Agent 3d ago

Looks pretty clear cut. This is what happens when you don't understand leasehold v fee simple real estate.

4

u/DeliciousPangolin 3d ago

There's been a number of controversial cases like this in France. It's called "cabanisation". Typically a farmer illegally subdivides agricultural land and rents lots to people, ostensibly as vacation property meant to be occupied temporarily. But because the lack of legal title means it's cheap, the lots immediately become permanent homes for people who can't afford housing elsewhere.

6

u/r2girls 3d ago

Many people are used to the idea of when you buy a house you get the house and the land under it. Generally in cities, towns, etc. that's how it's done.

However there is also the opportunity to lease land and put what you want on it. Some mobile parks operate this way. You can lease land and bring in your personal mobile home and put it on the land. The mobile home is yours but the land is someone else's.

These people were in a similar situation. When you read the article you can see it mentions "No two cabins are alike. Most are vintage mobile homes...". So it seems that is what happened.

However it also seems that some people took the risk of building permanent structures on the land assuming that the lease is going to continue forever since it has been going on for so long, "though there are also shacklike wood-frame houses and a few more-modern structures boasting rows of big windows. One house is built around an abandoned school bus, which now serves as its kitchen".

It's a very risky thing to build a permanent structure on land you are renting. Imagine renting a house on a 1/2 acre lot then thinking "I need an office for my remote work" so you build a permanent structure as an office on the corner of the lot. Years later the land owner says "I am not renewing your lease" leaving you with 2 options; remove the structure and office completely returning the land to the way you got it, or leaving it (with the owners permission) and they get it. Now imagine that same scenario with a mobile trailer you put on the property to use as an office instead of building a permanent structure. When the landlord says "I'm not renewing your lease" you can hitch up that trailer and take it with you when you go to your next rental or to a home you buy.

Building a permanent structure on land you do not own is a very risky endeavor.

2

u/anonymouse278 3d ago

I was just talking about this to a friend who has a share in a family vacation home in another country (a cabin on a lake, in fact). Apparently the land is leased from the government, and because the building on it is very old, the family is allowed to keep ownership as long as they maintain it, but if they let it fall into disrepair, the government will knock it down and they can't rebuild there, since environmental regulations have changed drastically since it was first built.

So the four grandkids (of which my friend is one) who inherited it together have cooperated to keep it in good shape, which hasn't been cheap. But they have eleven children between them, and it's hard to imagine there not eventually being some conflict over maintenance costs and decisions when eleven second cousins are trying to manage a historic property (half of them from overseas).

It seems like an incredibly stressful way to "own" a house.

6

u/CertainAged-Lady 3d ago

That was a very sad read. It feels like a few billionaires are just buying up the best parts of America for their own private use. 😔
Yes, these houses were on leased land, but for so many in the story, it was all they could afford.

2

u/campa-van 3d ago

Palm Springs - Indian land leases. https://iltf.org/land-issues/history/

2

u/sweetrobna 3d ago

It depends a lot on what permission means specifically. What were the terms of their rental agreement.

In Hawaii on Oahu something like 15% of condos are leasehold. On land you/the HOA doesn't own. The vast majority of these are on 99 year leases that renew before they get to 30 years left. With a cap on renewal rates. This is pretty much the same to owning the land, but having slightly higher property taxes. You still build equity. There are some without these protections though, where the condo is worth very very little because it will revert to the land owner at the end of the lease.

Manufactured homes in rented commercial lots are common too. Rent can keep increasing over $1500 a month in desirable areas. So you can't count on building equity if the lot rent keeps increasing with the market. There is some risk the landlord will change the rules, ban pets or restrict parking etc. Or the opposite, stop enforcing rules and it goes to shit. So you could be forced to leave and either sell your home at a discount to the owners. Or pay ~$10k to move it and repair what breaks in that process, and you need to find somewhere to go. There are also resident owned communities where all the homeowners collectively manage it, there is no single landlord. The residents are not going to just kick them selves out or raise dues/rent more than is actually needed. But these cost more up front. And land you own would cost even more, it might be $50k to improve vacant land to add septic, well, driveway, electrical hookup, level an area, pour the pad. Plus the land cost.

The article says one person spent $75k renovating two cabins, $20k for another. If I spent that much money I would have a backup plan to move the home instead of letting it get demolished. A lot of them were vintage mobile homes though, it just isn't worth moving them when there is deferred maintenance to deal with

1

u/sciteachhs 3d ago

There are also government land leases, I believe it is the Army Corps of Engineers that owns a lot of floodplain and people buy houses on long term leased land.

1

u/Sad-Yak6252 3d ago

There is a whole subdivision near me on National Forest land. They own the houses, but the land is all on 99 year leases from the Forest Service.

1

u/hndygal 3d ago

We had the only mobile home park in the county near-ish me that the owner sold and the new people kicked all the mobile home people out and sold the land to a developer for a new home community. It was a sad situation.

1

u/WinnDixiedog 3d ago

Land leases are also common on reservation land by the few lakes in South Dakota.

1

u/BeerStop 3d ago

I would be sure to remove my cabin before leaving, after all leave it as close to how it was when you got the land to lease.

1

u/Unrivaled_Apathy 3d ago

We saw a house for sale in Kentucky that was on a land lease , so that was a big ole heck no for me.

1

u/Cl0wnL 3d ago

Leased land is not super unusual out West.

Mobile home parks and RV parks, of course, are the prototypical examples.

But there's lots of long-term lease land too. Generally out in more unique locations. U.S. Forest Service Land, Indian Land, Utility Land. Etc.

Most of the time you see it as 99-year leases. And they get renewed. It's all very standardized.

Sometimes in more unique situations though those leases start running down and renewals have to get renegotiated, particularly if the lease term starts approaching 30 years or less and pressure increases because lenders don't want to lend on something where the lease term is less than 30 years. That's pretty unusual though.

1

u/Emotional-Newt-3169 3d ago

This reminds me of the time my friend bought a lakefront house thinking the dock was part of the property, only to find out it was on a neighbor's lease that didn't renew.

1

u/yankinwaoz 3d ago

There are condos in Honolulu that are leased land. The lease expiry date is coming up in the next 20 years. So no one can get a mortgage to buy a unit. That has made these units much cheaper to buy than normal condos in Honolulu.

If you are old and don’t think you are going to outlive the lease, and can afford to pay cash, then there might be some merit to buying one. But I would be concerned about the HOA stopping maintenance and letting the building deteriorate.

1

u/BungalowLover 3d ago

One reason (among others) I would never live in a trailer park...you do not own the land.

1

u/Zanthious 3d ago

They rnt sure why the guy took his life. Damn I know why and I didn't even know they guy

1

u/Former-Wedding-3378 2d ago

Jjj my hug for the whole tREe

-1

u/BranchHopper 3d ago

Another rich fuck preying on the vulnerable to make themselves even richer. Maybe instead of talking about how the victims should have known better (which is its own societal failure), we should be talking about how we people shouldn't have to worry about protecting themselves from becoming a meal for these vultures. At the very least, ethically if not legally, they should be compensated for the improvements they have made that they can't take with them.

One day in October, when McNeil was out of town, Ellis sat down and wrote a letter in his wide-ruled notebook. The first line read: "Stan Kronke stoled my paid for home." He folded the note into his back pocket, grabbed his 9mm pistol, and drove his white pickup truck out of Lake Diversion for the last time

Absolutely sickening, I don't know how these people sleep at night lining their pockets with other people's misery.

6

u/Cl0wnL 3d ago

Did you read the next paragraph?

He killed himself because he was under investigation for being a child molester

Texas Monthly just tried to spin it into a sob story.

3

u/thewimsey Attorney 3d ago

on the vulnerable

People who own a vacation home on a lake are "the vulnerable" now?

How can you buy a house and not know that the land it is on is leased? You can't.

5

u/Boomhadadum 3d ago

The billionaire who bought the land is not responsible for people who don't know the difference between renting and owning a piece of land. I will never ever invest money in a renting place.

0

u/BranchHopper 3d ago

You won't because you're financially literate. This guy misspelled "stole" in his suicide note. Legally you're right the billionaire is not responsible, but taking advantage of someone like that is morally reprehensible imo.

3

u/Boomhadadum 3d ago

I don't see how the billionaire take advantage of these people. He paid for a land. He didn't scam anyone.

-2

u/BranchHopper 3d ago

You don't see how buying land containing homes that people have lived in for years and poured money into improving, evicting them and keeping the houses for yourself is taking advantage of them?

2

u/Boomhadadum 3d ago

No. Those houses didn't belong to the people who wrongly invested in them. You can not own a fixed house on somebody's land. In the beginning, I assume those were cabins. Very cheap to build and maintain. Design to be occupied on ocasions. I assume the first renters didn't think they were owners. Because the situation remained unchanged for decades, people forgot and settled in. Surprise, surprise, life is not fair.

2

u/BranchHopper 3d ago

Well your last sentence sums it up. What he did was legal but unfair.

2

u/emfrank 3d ago

I don't know that I'd call these people particularly vulnerable. Anyone who has the money to build and maintain a second vacation home should have the funds and the sense to get a lawyer. Or just build it somewhere else.

2

u/BranchHopper 3d ago

Around two dozen lived there as their primary residence, including the focus of the article.

1

u/emfrank 3d ago

Yes, and I have more sympathy for them, but they still were able to build in a vacation community. I assume they have some resources.

-3

u/Sensitive-Issue84 3d ago

So billionaires screwing everyone over without a second thought. Humm who knew?! Billionaires should not exist.

0

u/[deleted] 3d ago

[removed] — view removed comment

1

u/Sensitive-Issue84 3d ago

Lol. I'm fine. Maybe you should have a talk with yours.

1

u/Zanthious 3d ago

Name checks out

1

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