1. No Recorded Easements for Access or Utilities

Assuming you can use an existing road or trench utilities without a recorded easement is one of the most common — and costly — errors.

Fix it:
✔ Secure and record all ingress/egress and utility easements
✔ Ensure title insurance covers these rights
✔ Verify boundaries on an ALTA survey

2. Waiting Too Long to Review Title Commitments

Developers often order title but don’t review it until weeks — or months — later. By then, you’ve lost precious time to resolve curative items like missing releases, breaks in chain, or unresolved liens.

Fix it:
✔ Review title as soon as it’s issued
✔ Assign curative responsibilities
✔ Track open requirements as part of development risk

3. Weak or Expiring Site Control Documents

Storage project success depends on control that lasts — and transfers. Poorly written leases or options without storage-specific language, assignability clauses, or long enough terms can be dealbreakers.

Fix it:
✔ Draft agreements that explicitly allow battery storage and substation use
✔ Include assignability and renewal provisions
✔ Confirm legal descriptions match parcel data and survey

4. ALTA Survey Gaps or Misalignment with Legal Docs

Boundary issues, title exceptions, or encroachments can stall permitting and underwriting — and often go undetected until it’s too late.

Fix it:
✔ Order and review an ALTA survey early
✔ Cross-reference title, legal descriptions, and parcel maps
✔ Flag encroachments or unrecorded uses before permitting