An arrangement by which the owner occupant of a
property agrees to sell all or part of the
property to an investor and then lease it back
and continue to occupy space as a tenant.
Although the lease technically follows the sale,
both will have been agreed to as part of the
same transaction.
Second Mortgage
A mortgage on property that ranks below a first
mortgage in priority. Properties may have two,
three or more mortgages, deeds of trust, or land
contracts as lens at the same time. Legal
sequence priority, indicated by the date of
recording, determines the designation first,
second, third, etc.
Second
Generation or Secondary Space
Refers to previously occupied space that becomes
available for lease, either directly from the
landlord or as sublease space. See also "First
Generation Space".
Security
Deposit
A deposit of money by a tenant to a landlord to
secure performance of a lease. This deposit can
also take the form of a Letter of Credit or
other financial instrument.
Seisin
(Seizen) Possession of real property under claim
of freehold estate. This term originally
referred to the completion of feudal investiture
by which a tenant was admitted into the feud and
performed the rights of homage and fealty.
Presently, it has come to mean possession under
a legal right (usually a fee interest). As the
old doctrine of corporeal investiture is no
longer in force, the delivery of a deed gives
seisin in law.
Setback
The distance from a curb, property line or other
reference point, within which building is
prohibited.
Setback
Ordinance Setback requirements are normally
provided for by ordinances or building codes.
Provisions of a zoning ordinance regulate the
distance from the lot line to the point where
improvements may be constructed.
Shell Space
Setback requirements are normally provided for
by ordinances or building codes. Provisions of a
zoning ordinance regulate the distance from the
lot line to the point where improvements may be
constructed.
SIOR
Stands for Society of Industrial and Office Realtors. See Society of
Industrial and Office Realtors for more details.
Site
Analysis
The study of a specific parcel of land which
takes into account the surrounding area and is
meant to determine its suitability for a
specific use or purpose.
Site
Development
The installation of all necessary improvements
(i.e., installment of utilities, grading, etc.),
made to a site before a building or project can
be constructed upon such site.
Site Plan
A detailed plan which depicts the location of
improvements on a parcel of land which also
contains all the information required by the
zoning ordinance.
Slab
The exposed
wearing surface laid over the structural support
beams of a building to form the floor(s) of the
building or laid slab-on-grade in the case of a
non-structural, ground level concrete slab.
Soft Cost
That portion of an equity investment other than
the actual cost of the improvements themselves
(i.e. architectural and engineering fees,
commissions, etc.) and which may be
tax-deductible in the first year. See also "Hard
Cost".
Society of
Industrial and Office REALTORS®(SIOR)
The Society of Industrial and Office REALTORS®
is an international organization whose 1,700
members specialize in a variety of commercial
real estate activities, including the marketing
of industrial and office properties. SIOR is
dedicated to maintaining high professional
standards in the fields of industrial and office
real estate. SIOR is one of nine affiliated
groups of the National Association of Realtors.
Space Plan
A graphic representation of a tenant's space
requirements, showing wall and door locations,
room sizes and sometimes includes furniture
layouts. A preliminary space plan will be
prepared for a prospective tenant at any number
of different properties and this serves as a
"test-fit" to help the tenant determine which
property will best meet its requirements. When
the tenant has selected a building of choice, a
final space plan is prepared which speaks to all
of the landlord and tenant objectives and then
approved by both parties. It must be
sufficiently detailed to allow an accurate
estimate of the construction costs. This final
space plan will often become an exhibit to any
lease negotiated between the parties.
Special
Assessment
Any special charge levied against real property
for public improvements (e.g., sidewalks,
streets, water and sewer, etc.) that benefit the
assessed property.
Specific
Performance
A requirement compelling one of the parties to perform or carry out the
provisions of a contract into which he/she has
entered.
Speculative
Space
Any tenant space that has not been leased before the start of construction
on a new building. See also "First Generation
Space".
Step-Up
Lease (Graded Lease)
A lease specifying set increases in rent at set
intervals during the term of the lease.
Straight
Lease (Flat Lease)
A lease specifying the same, a fixed amount, of
rent that is to be paid periodically during the
entire term of the lease. This is typically paid
out in monthly installments.
Strip
Center
Any shopping area, generally with common
parking, comprised of a row of stores but
smaller than the neighborhood center anchored by
a grocery store.
Subcontractor
A contractor working under and being paid by the
general contractor. Often a specialist in
nature, such as an electrical contractor, cement
contractor, etc.
Subdivision
Plat
A detailed drawing which depicts the manner in
which a parcel of land has been divided into two
or more lots. It contains engineering
considerations and other information required by
the local authority.
Sublease
A lease given by a tenant for some or all of a rented property. For
example, a tenant who rents 20,000 square feet
but only ends up needing 10,000 square feet may
want to sublet the extra space for some or all
of the remaining term of the lease, providing
the tenant continues to occupy and pay rent for
the property.
Subordination Agreement
As used in a lease, the tenant generally accepts
the leased premises subject to any recorded
mortgage or deed of trust lien and all existing
recorded restrictions and the landlord is often
given the power to subordinate the tenant's
interest to any first mortgage or deed of trust
lien subsequently placed upon the leased
premises.
Surety
One who at the request of another, and for the
purpose of securing to him/her a benefit,
voluntarily binds himself/herself to be
obligated for the debt or obligation of another.
Although the term includes guarantor and the
terms are commonly, though mistakenly, used
interchangeably, surety differs from guarantor
in a variety of respects.
Surface
Rights
A right or easement granted with mineral rights,
enabling the possessor of the mineral rights to
drill or mine through the surface.
Survey
The process by which a parcel of land is
measured and its boundaries and contents
ascertained.