Termination of Third-Party Rights – Imperial County 150 MW

On this 150 MW solar project in Imperial County, title review revealed legacy third-party rights that had been granted years — or in some cases decades — earlier. These rights, while perhaps no longer actively exercised, remained of record and created a title cloud that the lender's title insurer was not willing to insure over.

Terminating third-party rights requires cooperation from the rights holders — who may be difficult to locate, may not understand the urgency, or may see an opportunity to extract value from their position. All of this had to be resolved before financing could close.

TerraPro Solutions identified every third-party right of record affecting the project, located the current holders of those rights, and initiated negotiations to obtain termination agreements. For rights holders who were difficult to locate, we worked through public records, title plant searches, and other methods to find them.

Where rights had been abandoned or were otherwise unenforceable, we worked with the title company to determine whether they could be excepted or insured over — reducing the number of formal terminations required while still achieving a clean title policy.

All material third-party rights were either formally terminated or addressed through title insurance — clearing the way for the lender's title policy to be issued. The 150 MW project financing closed with clean title coverage for one of the larger solar projects in Imperial County.