| DATE: |
02/05/02 |
|||
|---|---|---|---|---|
| SUBJECT/TOPIC: |
TITLE TO IMPROVEMENTS | |||
| Q: | A client has inquired about the possibility of transferring a
building it owns to a whollyowned subsidiary without
transferring the underlying land. I'm not yet sure why the
client wants to take this approach instead of a lease or
sale of the land and building, but … many years ago I
reviewed a title report where this situation existed. A
company transferred a building to the company's owners
but excluded the land. My understanding is that this was
a tax play that some people used. Is there any reason this
theoretically could not be done? As always, I appreciate
your thoughts. |
|||
| A: | I think it's okay as long as there is an easement or lease
that allows the owner of the building to maintain the
structure on the land. We saw it a good deal in the early
80's, but not much recently. |
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