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There is no prescribed formula for development-oriented unsubordinated ground leases. Each lease must be customized depending upon the business interests and the factors which affect these business interests in each specific transaction. Lease negotiators have more complex roles in these types of leases.

The prospective occupancy subtenants have interests which affect development-oriented unsubordinated ground lease negotiations. Significant occupancy-subtenant rights are derived from and defined by the ground lease. The provisions of nondisturbance and attornment agreement have an effect on the ground lease's effect on the comfort of the occupancy subtenant.

Unsubordinated development-oriented ground leases differ significantly from other ground leases. For example, unsubordinated ground leases, unlike subordinated ground leases, do not obligate landlords to mortgage their fee-simple estates in order to secure tenants' mortgage loans. Landlords and tenants, when developing a ground lease, should never use a previously executed ground lease of a different type as a model.

Sporting goods stores, when they first began moving into shopping centers, demanded exclusive clauses. Many shopping centers were willing to grant sporting goods stores use and exclusive clauses based on those granted to such stores in downtown and neighborhood shopping districts. Those leases were not, however, good models for shopping center use. Points landlords should consider when developing sports superstore leases are discussed.

Exclusive clauses should be drafted carefully by landlords. A 'record store' is a type of retailer that continues to change as the media it sells continues to change and its exclusive clauses also continue to change. Merchandise restrictions in exclusive clauses can cause difficulties for all retailers and their landlords.

Banks usually make excellent tenants, but it is advisable for shopping center landlords to include use limitations in banks' leases. Such limitations are necessary to assure that that space leased by banks is not used in a way that violates other tenants' rights. A bank with an unrestricted lease could, for example, sublet to a retailer that might compete with an existing tenant. Also discussed are exclusive clauses that banks demand.

It is still important for retail property lessors to have a clear understanding of the use and exclusive clauses in catalog-store leases, despite a general perception that the catalog-store retailing, as a significant retail sector, is in decline. An overview of catalog-store retailing, focusing on the sector's history and on the different types of catalog stores, is presented.

Variety stores present shopping center landlords with the challenge of creating a lease with a use and exclusive clause that allows for only one variety store in the center. Another problem facing landlords is the difficulty of determining a definition of a variety store. Specialized stores and supermarkets in competition with variety stores often demand leases restricting the sale of competing goods and services at the variety store. A variety store exclusive clause usually restricts another variety store, junior department store, or a discount department store from opening.

Economists are predicting sustained economic growth in the long-term, a situation that likely will effect the troubled real estate market in a positive way. However, the real estate market is hampered by entrepreneurial activity that creates an overabundance of properties in some markets. A facetious answer to the problems plaguing the real estate market is offered that entails swapping real estate professionals for Eastern Europeans.

Tires, batteries and automobile accessories store leases are difficult and time-consuming to negotiate. It is important to take the time and the effort to do a good job negotiating these leases because it is difficult to find good locations and creditworthy tenants. Tenant and landlord perspectives in these negotiations are included.

The language commonly used in real estate documents makes them too difficult to read. Mysterious and burdensome words such as 'witnesseth,' 'whereas,' and 'aforesaid' are ubiquitous in leases and mortgages. The prevalence of legalese in real estate documents contributes the hostility that people feel toward lawyers. Lawyers should attempt to write more understandable documents, and such documents might benefit the real estate business.

Real estate lawyers should change their working style to become more competitive. Automated document preparers threaten to usurp the role of the real estate lawyer. One such threat is a CD-ROM software called the 'CD Real Estate Lawyer.' Real estate lawyers already have nonlawyers doing some of their work, specifically paralegals who can prepare documents and negotiate. To combat the competition from automated document preparers, real estate lawyers are encouraged to utilize innovation and original thinking when creating leases and real estate contracts.