Utility-scale solar developers and investors often fixate on technology, tax incentives, and PPAs, but the real deal-breaker often lies beneath their feet. Without secure, long-term site control and a clear understanding of land-related risks, even the most promising projects can stall — or fail entirely.

Land is a fundamental asset for solar projects. It is imperative to verify land control to ensure that the project rests on solid ground – literally and legally. Issues may occur if land control details are not meticulously managed, promptly addressed, or adequately considered. Land issues can delay deals, increase legal costs, and disrupt timelines just before closing. Verifying land control is a critical step that safeguards the investment and ensures that the project’s foundation is secure.

During a recent closing, it was necessary to obtain signed lease amendments from all landowners involved. Learning that one woman’s health was failing, we prioritized her signing of the amendment so it could be recorded quickly. She passed away the day after signing, just as we were recording the amendment. She had 13 heirs who would have had to sign any subsequent documents. We were grateful to our community for helping us gain this insight and react quickly. Had we waited, probate and heir identification would have delayed our closing by several weeks.

We have an issue right now with a project where the mother is incapacitated and her daughter will potentially sign in two capacities — as her successor under a trust, and under a power of attorney, each document having their own unique issues. To have the daughter sign for the trust we need the physician’s letter in compliance with HIPAA and the terms of the trust, confirming the mother’s incapacity. In such cases, the power of attorney must be durable and authorize real estate transactions.

During early development or when reviewing a project for a merger or acquisition, it is important to be aware of five common mistakes: