ALTA Survey Troubles? Effective Solutions for Renewable Energy Projects

ALTA/NSPS Land Title Surveys, endorsed by the American Land Title Association and the National Society of Professional Surveyors are essential for commercial real estate transactions, particularly for renewable energy projects. These surveys offer a detailed view of property boundaries and improvements, helping to identify potential risks that could impact a property's development or value. Despite their comprehensive nature, several common challenges can arise, affecting developers, property owners, and lenders. Understanding these issues and knowing how to address them can ensure smoother transactions and prevent future disputes.

Discrepancies in boundary lines

Boundary line discrepancies occur when a property's physical boundaries differ from those described in legal documents. This can result from surveying errors, natural landscape changes, or human activities like construction. Several factors contribute to these discrepancies, including historical inaccuracies in previous surveys and natural changes like erosion. Resolving boundary line disputes involves hiring a qualified land surveyor to conduct a new survey. If discrepancies are found, developers may need to negotiate with neighboring property owners or seek legal resolution.

Unrecorded easements

Easements are legal rights allowing the use of another's property for specific purposes, such as utility access. Unrecorded easements, which aren't documented in public records, can pose significant challenges during property transactions for renewable energy projects. The main challenge is their uncertainty, leading to potential conflicts and complications in project development. To address unrecorded easements, developers should research the property's history and consult with neighbors to identify informal agreements. Engaging a surveyor to map existing easements and formally recording them ensures they are legally recognized, mitigating potential project delays.

Encroachments

Encroachments occur when a structure or improvement extends beyond one property's boundary onto another's land. Common examples include fences or buildings that cross property lines. A detailed ALTA/NSPS Land Title Survey can detect encroachments by mapping out all structures and improvements on the property. Resolving encroachment issues often involves negotiation between property owners, with solutions like moving encroaching structures, granting easements, or purchasing encroached land.

Inaccurate or incomplete data

Inaccurate or incomplete data can arise from outdated records or previous survey errors. Relying on inaccurate data can lead to incorrect boundary lines or missed easements, affecting property transactions. Ensuring accurate data collection involves thorough research and meticulous fieldwork. Surveyors should verify existing records, consult historical maps, and conduct detailed on-site inspections. Using advanced technology such as GPS and GIS can enhance accuracy.

Access and right-of-way issues

Access and right-of-way issues arise when there is uncertainty over the legal right to use a particular path or road. This can impact project viability, especially if access points are critical for infrastructure. These issues can lead to disputes and challenges in obtaining financing or insurance. Resolving right-of-way disputes involves legal research and negotiation. Developers may need to consult legal professionals to interpret existing easements and access agreements. Negotiating new easements or modifying existing ones can be a solution, with court intervention as a last resort.

Zoning and land use conflicts

Zoning and land-use conflicts can arise when a property's intended use does not align with local zoning regulations. Identifying these issues early in the survey process is crucial for renewable energy developers. Understanding flood zone designations is also critical, as being in a flood zone can significantly impact project design and costs. ALTA/NSPS Land Title Surveys should include flood zone analysis to ensure all potential risks are identified and managed appropriately. Additional engineering assessments may be necessary if a property is located in a flood-prone area.

Adhering to survey requirements

The ALTA/NSPS Land Title Survey sets forth minimum standard survey detail requirements. Adhering to these requirements helps developers and title insurance companies manage potential risks and avoid disputes. Table A of the ALTA/NSPS Land Title Survey provides optional survey requirements that can be included to meet specific project needs. Developers can choose from these options to tailor the survey to their project's requirements. Working with a licensed surveyor ensures the survey provides the necessary information for successful project planning and execution.

Proactively Address Challenges Early in Development

ALTA/NSPS Land Title Surveys are critical in identifying potential risks and ensuring compliance with legal and regulatory standards for renewable energy projects. By understanding common issues such as boundary discrepancies, unrecorded easements, and encroachments, developers can take proactive steps to address these challenges. Collaborating with experienced land surveyors and adhering to minimum standard detail requirements are essential strategies for mitigating risks and ensuring successful commercial real estate transactions in the renewable energy sector.

Transect offers invaluable support through its Services Marketplace, which provides access to expert land surveyors and environmental consultants to assist with ALTA Surveys. This platform streamlines the due diligence process, ensuring developers have the best resources to address potential risks effectively, enhancing project planning and execution.

Kickstart your ALTA survey today with Transect's Services Marketplace!