Title Review in Project Acquisitions: What Buyers Look For
How to Prepare Your Title Package for a Renewable Energy M&A Deal
In M&A deals, your title tells the real story of your project. Make sure it’s one buyers want to read.
How to Impress Buyers and Close Faster
Selling or partnering on a renewable energy project?
Buyers aren’t just looking at your project map or power potential — they’re going straight to your title documents.
A clean title review can move a deal forward fast. But if your title is incomplete, unclear, or full of exceptions, expect delays, renegotiations — or a walk-away.
Here’s what buyers are really looking for during a title review — and how you can be ready before they even ask.
What Is Title Review in an Acquisition?
In an acquisition or joint venture, the buyer reviews your title documents to ensure:
You have legal rights to the project site
There are no unresolved encumbrances
Title insurance can be issued for ownership or investment
There’s no risk of future claims, access disputes, or curative surprises
If your title isn’t clean, it becomes a liability — and a negotiation point.
What Buyers Want to See During Title Review
1. A Title Commitment with Clean Exceptions
Buyers want to review your title commitment and confirm that all major exceptions are either removed, addressed, or fully disclosed. Open items = open risk.
2. ALTA Survey That Matches the Title
If your survey and title documents don’t match — or if easements, boundaries, or setbacks are unclear — buyers will flag it immediately. Expect questions like:
Do these legal descriptions align?
Are there encroachments or overlaps?
Are transmission or access routes properly documented?
3. A Curative Log with Status Updates
If your project required curative work, buyers want to see a tracker showing:
What issues were found
How they were resolved
Which items are still open (and how they’ll be fixed)
Having this ready shows you’re organized and transparent — and that your deal won’t get stuck in legal limbo.
4. Crossing Agreements, Easements & Access Rights
Buyers will confirm that all critical project components — like access roads, transmission lines, and utility interconnections — are legally supported with recorded agreements.
5. Clear Vesting & Ownership Chain
Vesting issues, inheritance disputes, or missing signatures from past landowners can bring deals to a halt. Buyers want assurance that your chain of title is solid.
Red Flags That Scare Buyers
Title exceptions that include “blanket easements” or undefined rights
Missing or unsigned lease amendments or consents
Landowner disputes or unresolved legal claims
Outdated surveys or conflicting parcel descriptions
Mineral severance without surface waivers
How Developers Can Prepare
The best time to prep for title review? Long before you go to market.
Here’s what to do:
✔️ Conduct a pre-sale title audit with a land and legal expert
✔️ Order updated title commitments and ALTA surveys
✔️ Resolve curative issues and maintain a clean log
✔️ Be transparent about what’s been resolved — and what’s in progress
✔️ Partner with a team that can clean up issues before they become buyer objections
Project Ready = Title Ready
If your goal is to sell or partner on a project, don’t underestimate the power of a clean title package. It tells buyers your project is organized, credible, and worth their time — and it can dramatically shorten your path to close.
Because in project acquisitions, what’s in the title review can make or break the deal.