Last updated: August 29, 2026 · By Clint Hansen, Broker
Fee simple ownership means you own both the land and the structure on it outright, indefinitely — no expiration date, no landowner above you. It's the dominant form of ownership on Maui today, and the type most buyers picture when they think of "owning" real estate. Leasehold ownership means you own the structure (the improvements) but lease the underlying land for a fixed term from a separate landowner — historically large landowning estates, trusts, or families in Hawaii. As a leasehold owner you pay ongoing lease rent to that landowner for as long as you hold the leasehold interest, and unlike fee simple, the arrangement is built to end on a defined schedule rather than continue forever.
A leasehold buyer is purchasing the right to use the property and the improvements on it for a defined term — not the land itself — so the price generally reflects a smaller bundle of rights than fee simple ownership of a comparable property. That gap tends to widen as the remaining lease term shortens: a buyer is paying for fewer years of certain use, and taking on more uncertainty about what happens as expiration approaches. Lease rent is also a real, ongoing cost layered on top of the purchase price — one that fee-simple owners simply don't carry — and it factors directly into how a leasehold property gets priced and how attractive it looks next to a fee simple alternative.
A lender financing a leasehold purchase is relying on the property as collateral for the life of the loan, so lenders commonly want the remaining lease term to run comfortably longer than the loan term itself, not just barely past the final payoff date. As the remaining term shrinks, fewer lenders are willing to underwrite the property at all, available loan terms tend to shorten to match, and cash purchases become more common. This same dynamic works against sellers at resale: a shorter remaining lease generally narrows both the pool of interested buyers and the pool of lenders willing to finance them, which is worth thinking through well before a lease term starts running short — not after.
Lease rent is typically set for a period and then renegotiated at intervals spelled out in the lease itself — a renegotiation can meaningfully change what a leasehold owner pays going forward, so knowing the next renegotiation date matters as much as knowing today's rent. At the end of the lease term, unless the lease is renewed or the leasehold owner purchases the underlying fee interest (sometimes called "fee conversion," where it's available for that property), the land — and in many arrangements the improvements on it — reverts to the landowner. What exactly reverts, on what terms, and whether fee conversion is even an option is spelled out in the lease document and varies property by property, which is exactly the kind of detail a real estate attorney should review rather than something to assume.
Before you write an offer on a leasehold property, get clear answers on: the remaining lease term (how many years are actually left), the current lease rent and how it's calculated, the next renegotiation date and how a renegotiated rent gets determined, the surrender/reversion terms at expiration, whether fee conversion (buying the underlying fee) is available for that specific property, and any HOA or AOAO rules layered on top if it's a condo or planned community. Most of this detail lives in the lease document and association records, not the listing sheet — plan for a real estate attorney to review the actual lease as part of your due diligence, not just a summary of it. If you're buying from outside the U.S., see our FAQ on whether foreigners can buy property in Hawaii for how ownership rules apply to international buyers.
Fee simple is the dominant form of ownership on current Maui listings, and leasehold is the exception rather than the rule. Where it still appears, it's most often on some older condominium and resort-era projects, and on certain agricultural or ranch-zoned parcels, rather than being spread evenly across the market. Because leasehold status isn't always obvious from a listing photo, address, or price alone, never assume — confirm directly which type of ownership a specific property offers, in writing, before you're far into a transaction.
Looking at a leasehold listing on Maui and want a straight read on the remaining term, the rent, and what it
means for financing and resale? Clint can walk through the lease details with you and bring in the right
attorney for a full review.
Clint Hansen, Broker (RB-21616) · 26 years
serving Maui County · The Hansen Ohana, Maui Luxury Real Estate LLC (RB-21577)
Wailea Town Center, 161 Wailea Ike Place A-106, Wailea, HI 96753
Office: (808) 879-3667 · clinthansen@mauirealestate.net