Q:We would like to sign up an option agreement for a greenfield site but we think that it may take up to 30 years for the site to be allocated for residential development. Is it possible to have a 30 year option ?

June 1, 2002
An option can only last for a maximum of 21 years but this is sometimes not long enough. The usual way around this is to have an option granted for 21 years which would contain an option for you to take a lease in the last, say, 12 months of the 21 year term. <p></p><p>This lease would contain the same option provisions as the original option agreement, so that in the event that the site is not allocated for residential development within the initial 21 year option period, you can purchase the land beyond the 21 year period under the option contained in the lease. </p><p>If you need your option to last for 30 years then the lease term will be for nine years. This solution would allow you to enter into an agreement which will effectively grant you your required option period of 30 years.</p><p></p>

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