Subordination is one of the most important provisions in ground lease documentation, and one of the most misunderstood. It directly affects the tenant's ability to finance and the value of the leasehold interest.
Types of Subordination
- Full subordination: Ground lessor subordinate to leasehold mortgage
- Partial subordination: Limited to certain loan amounts
- Non-disturbance provisions and their importance
- Recognition agreements with lenders
Negotiation Considerations
Settle subordination at lease signing. Whatever the lessor and tenant agree to then will govern financing flexibility, and value, for decades.

