No one gets excited about land acquisition. It's not flashy โ it's not the part that makes headlines. But ask anyone who's been through a messy wind or solar project, and they'll tell you: if you don't get land control right from the beginning, everything else can fall apart.
In renewable energy development, the land you build on is everything. You can't develop a project unless you own or control the land rights โ and that includes the surface, the subsurface, and in some cases the corridors above. Without proper land control, you risk delays, legal exposure, and failed financing. Here are the five mistakes we see most often โ and what to do instead.
Mistake 1: Assuming You Have the Rights โ When You Don't
We've seen projects move full steam ahead, only to find out six months later that someone else owns the mineral rights beneath the land โ and they're not interested in working with developers.
In many states, it's common for surface and subsurface rights to be owned separately. Just because a landowner signs a lease agreement doesn't mean you're in the clear. If you don't review the mineral title early on, you could be facing unexpected drilling activity on your wind or solar site โ or a financing process that stalls when the lender's title counsel flags a severed mineral estate.
Run a mineral rights review as part of early-stage diligence โ before site control is finalized. Identify whether the mineral estate is severed, who holds it, and whether surface waivers or ALTA 35 endorsements will be needed. Learn more about TerraPro's Mineral & Railroad Consulting โ
Mistake 2: Waiting Too Long to Secure Legal Access
You found the perfect parcel โ great solar exposure, willing landowner, strong interconnection potential. But the only way to reach the site is across a neighbor's land, and that neighbor isn't on board.
Access is one of the most overlooked pieces of early site control. Developers assume access will be easy to secure, or that an informal arrangement will hold up under lender scrutiny. It rarely does.
Secure legal access via recorded easements or rights-of-way before significant capital is committed. Lenders require insurable access โ a handshake deal or a reference to "the existing farm road" won't satisfy title insurance underwriting. See our guide on access easement negotiations โ
Mistake 3: Missing Fractional Landowners in a Large Parcel
You're developing on a large ranch. The main landowner signs off. But a title search reveals that a distant relative holds a 1/16th fractional interest in one tract โ and she lives out of state, doesn't respond to mail, and isn't aware a development project exists.
You need her signature too. Every owner of record, regardless of interest size, has the legal authority to affect the transaction. Fractional owners are one of the most common sources of curative work โ and the hardest to resolve under a tight closing timeline.
Always check for fractional ownership during title review. Locate all interest holders early โ before agreements are signed and before your timeline becomes a constraint. The harder they are to find, the more time you need.
"The hardest curative problems aren't complicated โ they're just discovered too late to solve without pain."
Mistake 4: Ignoring Local Zoning and Setback Rules
You have your lease. Engineering is advancing. Then local ordinances surface โ turbines must be set back 1,500 feet from any residence, and there's a farmhouse in the center of your planned layout.
Suddenly your layout is non-compliant, your panel count drops, and your yield projections need to be restated. This kind of surprise doesn't just slow you down โ it can change the economics of the project entirely.
Research local zoning rules, county ordinances, and health protection zone requirements before finalizing any layout. Setback rules vary significantly by jurisdiction and are updated more frequently than most developers track. What cleared permitting in one county may not clear the next one over.
Mistake 5: Overlooking Expiring Agreements
Site control agreements were signed two years ago. Permitting delays pushed the timeline. Now several leases are approaching expiration โ and the landowners want to renegotiate at current market rates, which are considerably higher than when you originally signed.
Losing control of key parcels mid-development doesn't just create a real estate problem. It creates a financing problem, a permitting problem, and sometimes a fatal flaw that forces a project redesign.
Build extension options into every agreement. Track expiration dates in a centralized system and trigger renewal outreach well in advance โ not when you're already in trouble. This is especially important on projects with long permitting cycles where timelines routinely stretch beyond original projections.
What You Can Do Right Now
If you're developing a wind, solar, or storage project, these steps protect your timeline and your deal before problems have a chance to surface.