Let’s be honest: developers often move fast — and they have to. But when land control details are rushed, delayed, or assumed to be “fine,” that’s when real problems start.
In fact, we’ve seen land issues stall deals, spike legal costs, and tank timelines right before closing. So whether you’re in early development or reviewing a project for acquisition, these are five mistakes you can’t afford to overlook.
Just because a road touches the site on a map doesn’t mean you can legally use it. Easements may be missing, expired, or simply not recorded.
Quick check: Is there a deeded easement? If it’s verbal, historical, or based on goodwill — you’re exposed.
Ownership can be fragmented, especially with large parcels or legacy family land. Even worse, records may not reflect recent changes like deaths, trusts, or quitclaims.
Risk trigger: If one owner is missing from a signature block, the lease or option might not be valid.
The title commitment isn’t just a formality. It’s where red flags hide: mineral rights carve-outs, old mortgages, utility easements, or overlapping rights from previous deals.
Pro tip: Review Schedule BII line-by-line. That’s where most deal-breakers live.
Did you sign an LOI or option years ago? If it’s expired, misaligned with the current entity, or missing annexed parcels, you’ll need to renegotiate — often under pressure.
Reality check: Your agreement is only as strong as its paper trail and expiration clause.
Curative work isn’t fast. If you wait until diligence or closing to fix gaps in ownership, access, or title, it’s often too late. Probate, corporate consents, and lien releases can take months.
Smart move: Start curative early and track it like a task, not an afterthought.
Land control isn’t glamorous, but it’s foundational. The best time to uncover risk is before money moves. And the best projects? They’re the ones that treat land issues like critical path items — not box-checking.
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