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Video instructions and help with filling out and completing Leasing land

Instructions and Help about Leasing land

In this lesson we are going to begin our three-part discussion on one of the most important aspects of property law or land law which are leases now we are going to discuss the formalities the creation and termination as well as the enforceability of leases in relation to UK property law the very first aspect that we need to understand is that the very notion or the concept of leases allows for two or more persons to enjoy benefits of an estate in land at the same time now if you note back to the introduction lesson of this course we discussed on the difference between an estate and an interest both being proprietary rights in land and interests is that which is a right over another's land whereas an estate is ownership of your own land so either be the freehold or a leasehold in this case of course a lease the ownership is the most paramount or the most important the most enforceable type of proprietary right now there are several characteristics of a lease and these have been outlined in the seminal case of Street & Mountford and we'll have a look at that right now the very first feature or characteristic of a lease or to determine if it is in fact a lease is to identify whether there is exclusive possession now exclusive possession is where the tenant has control over who enters the land itself who enters the property he has the ability in fact to exclude anyone including the freehold owner or the landlord himself now there are several considerations here to be taken into account firstly if for some instance the landlord or the freehold owner retains a key that may negate exclusive possession as was held in Aslan and Murphy however much like many other aspects of law there is in fact an exception to this rule which is that if the key was retained to for example do repairs of any emergency purposes then it may not negate exclusive possession now what should be derived from this is that in relation to exclusive possession at least it's determined by court on a case-by-case basis there might be exchange ating circumstances which lead the court to believe that whatever the retention of the key or entry permission that was retained by the landlord of the freehold owner was due to some particular reasoning and it's not a complete blanket situation where a key is retained that there is no exclusive possession with the leasehold owner now this brings us to another important point in relation to exclusive possession in so far as to discuss the difference between the license and a lease as well now we look at this a bit later on in this particular topic but the crux of it the main elements are the fact that the main difference between a lease and a license is in this component of exclusive possession so the important aspect.

FAQ

How does the airplane leasing business work? Why do airlines buy the planes, then sell them to a leasing company and then lease it back?
It's like house renting business, except that your tenants are airliners and they will always pay on time. Various safety and legal agencies will make sure that they maintain your planes well and they lease for long time like 5-15 years. You don't have to advertise as there will always be demand. There is low competition and high entry barriers for new players. You don't have to maintain the planes or care about fuel costs. And if your plane crashes then insurance companies will compensate you with more money. There is almost no legal liabilities and low business risk. Common people don't even need to know that you or your company exists. Although, if you are a plane lover like me, then you can brag that you own thousand jumbo jets. In-fact, Plane manufacturing companies like Boeing and Airbus will consult you first before designing a new airplane. Does that sound like a good business idea? (Except that you would need loads of initial investment just like any other rental business)Why do airlines need to lease planes?Nearly half of the passenger airplanes flying today are leased by the airlines from big plane leasing companies. The main reason is because it's cheap.Economic Uncertainty and flexibilityLet's take an example, of lets say "Quora Airways". They purchased 5 aircraft from Boeing for 500 million dollars, but due to their superior services(compared to yahoo air) and due to the vacation season (especially in India), they now have enough demand to have 9 aircraft in service, but they can't buy new planes as they had put all their money in buying 5 planes.Image: It was made in 2 minutes for fun, so no judgments -_- This is where a leasing company can be the airline’s best friend. They can step in and cheaply (relative to buying an aircraft) prthem with aircraft to cater for the spike in demand.Conversely, let’s say it is off season and the demand fell. Now Quora Airways only needs 3 aircraft for the next two seasons. If they own the 5 aircraft they would find themselves in a major problem, trying to fill the aircraft or lease them out. However if their fleet was composed of a few leased aircraft, they could arrange for the early return of the aircraft, and with some penalty payments, solve their capacity crisis.The total Investment capital that went into AirAsia India was around $100 million, they have a fleet of 5 A320s which would have costed them $100m per plane if they had purchased it instead of leasing.PriceAirplanes are very expensive.  New airlines cannot afford to invest such large amount of money in buying planes. Existing airlines may not want to put all their money into buying one aircraft. Instead they can operate 10 aircraft on lease and focus on growth.Take a look at the price chart of Boeing's planes. Big lessors purchase planes in large quantities (about 50 to 250) even before the first plane of that model is manufactured. Such lessors can get as much as 70% off on each plane. These deals happen privately, so I don't have much of a proof.Here is a table indicating the alleged discounts offered on various models.Types of LeasingDry LeaseThe lessor provides an aircraft without insurance, crew, ground staff, supporting equipment, maintenance, etc. It is all the airliners responsibility.Wet LeaseThe lessor provides an aircraft, complete crew, maintenance, and insurance. It is more like a charter plane, but with your logo on it.Damp LeaseA damp lease is similar to a wet lease but leasing company won't prthe cabin crew services.Sale and lease backAn airline which has bought an aircraft, sells the aircraft to a leasing company at current market price  and immediately leases the same aircraft back. Airliners typically purchases 100s of planes in bulk and sells them to banks and then leases them back. As aircraft are owned by a lessor, an airline can save on the depreciation provision, which increases profit and saves tax.For example, Air India did this with their new 787s.Air India's flawed sales and lease-back strategy for its 787 Dreamliners - Bangalore AviationIn 2021. when every Indian airliner was making 100s of crores of loss, Indigo airlines made 6 fold profit by cleverly using sale and leaseback model. Although their CEO denies it and says that "focusing on the product and services" is the reason, I believe the reason for such profits is the sale and lease back model.What I think is the reason for Indego's success? They always buy in bulk. In 2021 when they started operation, they had purchased 100 A320s. In 2021. IndiGo had placed another large order for 180 A320neo aircraft, valued at $15 billion.  Recently they had placed an order for 250 A320neos, valued at $25.70 billion (Rs.1.50 lakh crore) at catalogue price. It is the largest plane purchase order ever. They must have got 60-70% off for such bulk orders.They always go with 'sale and lease back model' when the planes are delivered and sells them for a profit.They only buy one type of airplane.( brand new A320neos)They save on fuel as they only use most efficient new planes.They only have economy class and prdescent services at low cost.They always retire their planes at the end of 6years to probably avoid maintenance costs.Which are the top plane leasing companies?You may be surprised to find out that Ireland is the hub of aircraft leasing business. Nine out of the top 10 leasing firms in the world operate from here. This is mainly due to tax benefits.GE Capital Aviation Services:- They own 1700+ big planes and is the biggest leasing company. (Just for a reference, Boeing have made 1508  Boeing 747s since 1967)International Lease Finance Corporation :- A company founded by  Steven Udvar-Hazy. They own nearly 1000 big passenger planes. If you are interested then you can read his story here - "The Real Owner of All Those Planes"SMBC Aviation Capital :- 350+ planesAWAS :- They own 250+ planesFLY Leasing :- They own 125+ planesThere are 100s of other companies in plane leasing business. It is more profitable and easier to run a leasing company than to run an airliner (provided that you have loads of money for investment :p )What are the risks involved?Asset recovery riskIf the airline goes bankrupt,  the lessor faces a huge risk in retriving their aircraft in good condition. For example, ILFC was the main lessor of Kingfisher Airlines, a regional airlines based in India. When Kingfisher went bankrupt, ILFC had to seize most of their planes in bad operating condition due to poor maintenance. Some planes could not even be flown as many of their parts were scavenged to repair other planes.Some aircraft were so badly cannibalized that they can only be sent to scrapyard. Although rare, but this is the biggest risk in this business.Kingfisher Airlines’s 15 leased planes may land in scrapyards - The Times of IndiaShort LeasesLong leases are better for the lessor than shorter ones. The fewer changeovers an aircraft does during its life the better! The lessor may have to reconfigure the seating arrangements and such customization according to the preference of the new operator. This can cause unnecessary costs.Transition TimeThe lessor earns no revenue during the transition time between the previous and new operators.Currency fluctuationsSince leasing rate is fixed for a long time, any fluctuations in the value of currencies involved may cause loss to either lessee or the lessor.Bad lessees  Even though there are many laws to safeguard lessors, some airliners (like Kingfisher airlines) might not maintain your aircraft as agreed, or simply not pay. If this happens then the lessor may have to negotiate with the airline for an early return, or if the relationship becomes hostile, then an international seizing operation might have to be done.Long term investmentJust like any other rental business, it takes 8 to 15 years for the plane to break even and make profit for the lessor. An average jet have a lifespan of about 25 to 35 years after which it may be sold to low budget airlines operating from poor countries or it is sent to scrapyard. SourcesLessor trouble mounts for Kingfisher AirlinesAircraft leaseAbout Boeing Commercial AirplanesThe secret of Indigo’s consistent profitsCompetition between Airbus and Boeing
If the landlord did not sign the lease, but filled it out, how can you get your money back?
This is from my understanding of California Landlord Tenant rules, and should not, in any way to be construed as legal advice, always talk to someone in your area with the ability to advise you legally.But as far as I understand, when it was explained to me, the fact that you signed the lease is the important part. I believe, the fact that the landlord didn’t sign a form they filled in and/or created, and then presented you for your signature, kind of implies, a level of consent on the part of the landlord. Besides that, they can simply sign the lease & thereby make it official & binding, at any time.If, when presented the lease, you signed & dated as the lessee, you agreed to the terms in the lease, as presented to you, by the landlord. If the landlords have your dated signature on their copy, and additionally, accepts your rent money, when due, & has not presented you, with an eviction notice, unlawful detainer, or 3 day PROQ, it seems to me, that the landlord has a reasonable expectation that, you will be fulfilling the terms of the lease. If they have no reason, to want you out of the lease, but you do want out, simply stating,“the landlord didn’t sign the lease copy I have, but he does have a copy, that I did, in fact, sign.”that, is unlikely to get you any traction, on breaking the lease, or being refunded any monies.All of that having been said, IF, the terms of the lease are not being met, (habitability issues, quiet enjoyment issues, etc.) or if any of the clauses, that the landlord is obligated to uphold, are not being upheld, those are issues, that can sometimes, get you out of a lease. Showing there are issues, however, does NOT mean that it will get you out of the lease! Especially, if the issues are solved, addressed or repaired, to the satisfaction of lease terms, and within a reasonable timeframe.If you just don’t like the landlord, think he’s a jerk, or just had a better offer come along, only after you signed the lease, you could be stuck paying penalties to back out of the lease. Which is a great reason to ALWAYS thoroughly read, understand, & know what you are signing, before you sign anything!
My partners and I have 150 acres in Califoria. We will be leasing out the land for cannabis cultivation. How much land can we lease for farming?
Depending on your property, none of it might be suitable for cannabis production or your entire 150 acres could be suitable for cannabis production. Cannabis is a value added product so your ground would need to be high quality.With marijuana being legalized for recreational use, we are going to see a shift in the way it is grown. Like when prohibition was repealed, marijuana will shift from being grown in the boondocks to being produced on an industrial by big business. Using rough numbers, I eeach acre of marijuana grown on a commercial basis would yield a couple of tons per acre. If a joint weighs a gram then each acre would produce millions of joints. Before you lease land for marijuana, I would make sure the grower has a plan for the new economics of marijuana production. If you decide against marijuana production, I am interested in leasing land for cattle production.
What two forms do you have to fill out before landing in Japan?
just to complete the existing answer:for the Immigration form:you need to put an address + phone number: if you stay in several places, just put the one of the first hotel/place you intend to stay in. They do not check anyway.For the customs form:Assuming you are not a criminal, you are not importing drugs/ weapons, etc so it is better to answer the related questions with “no”‡ there is also a question about “have you ever been charge with a felony in Japan” or something like that.In the new forms, you don’t have to declare how much cash you are bringing in Japan unless it’s over a large amount (for us, 10000 euro.). Same for whatever you are bringing if it is not above some given quantities/amounts.
How do I pre-sell an investment in a development? I am the Business Development manager for a developer who hasn't built in 20 years. We are building a $400m senior living development on 34 acres he has in LA.
Generally you won't be able to presell a Development until it is preleased and use some of the profit to guarantee the NOI for at least 2 years.Even with that you'll take a haircut on the Cap rate. Best if you can build it out, lease it up, stabilize it and THEN sell at current competitive Cap rate.Project size you describe should be built in phases. Depending on the type of seniors buildings each building could take 3 years to fill and stabilize so as a rule a neophyte Developer will not be able to presell them.Also, unless you are self financing the project, which I doubt (Developers always leverage), you'll have a monumental challenge getting a construction loan.If you have good equity in the land then leverage that to do Phase 1.How do you eat an 800lb elephant? One bite at a time…
How much land is covered in waste (land fills) and is there a point at which we will run out of usable land?
Watched a show where landfills were being “mined” for metals, and then the plastics were digested and extruded into a box shape that the company rented out to movers, etc.., keeping the plastic out of the ecosystem (hazardous materials were isolated and sent away). The economics has to work out but eventually the landfill could be turned into a park of some sort. Think acreage devoted to cattle feedlots can a bigger problem with a growing population.
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