What is ground rent?
Ground rent is a system of property ownership prevalent in Baltimore City where the land and the improvements on the land are owned separately. The owner of the ground rent “owns” the land, but generally does not own the rights to use it.
Let’s say you buy a house with ground rent. You will have to pay the owner of the ground rent a fixed sum every year as rent. The exact amount is usually between $60 and $150 per year. The title company may arrange for the lender to pay this money out of your escrow account so that you don’t miss a payment.
Even though you don’t technically own the land, you have the rights to it. The owner of the ground rent can’t wander over and set up shop on your front lawn or dig a tunnel under your house (unless you had a specific agreement with them).
If you’re buying a house listed on the MLS, then the listing should include ground rent information. If there is no ground rent, the listing will say that the ownership is “fee simple,” which is a fancy way of saying the owner owns the land and the improvements.
Ground rent can be redeemed through the city of Baltimore if the owner has not collected the rent in three years, and if the owner is unknown at the time of closing, the title company may require you to hold 3 months ground rent in escrow.
Additionally, if you are selling your house in Baltimore, you can create a new ground rent at the time of sale. You should always contact a lawyer before doing so.
Why is it a big deal?
Generally it isn’t a big deal. Compared to property taxes, the payments are quite low and they don’t increase.
On the other hand, it can cause major fits for the lender. Out of state lenders or lenders who do not do business in Baltimore are often perplexed by the idea of ground rent. Just when you think you’re ready to go, the underwriting department says “wait a minute! You mean you don’t own the land!?” The uninformed lender fears that their investment is not secure.
Their fear is unwarranted but since it can be a nuisance or even cause the transaction to fall through, I generally advise a person that wants to buy in Baltimore City to use a lender who understands ground rent.
For more information on the history of ground rent, check out LiveBaltimore.com’s ground rent page.
For more information on redeeming your ground rent, go to the Maryland State Department of Taxation’s ground rent redemption page.