Title, Survey, and Mineral Rights

Nacelle helps renewable energy and data center project developers identify and address ownership, title, survey, and mineral issues. We assist from initial ownership review through the curative work needed for project sales, financing, and construction.

Our work includes reviewing title commitments, surveys, recorded instruments, and mineral ownership reports, determining how they affect the project, and preparing the documents needed to address them.

How We Help

• Reviewing ownership, legal descriptions, and signing authority.

• Evaluating recorded easements, restrictions, mortgages, liens, and prior land agreements.

• Reviewing surveys against project agreements and proposed facility locations.

• Drafting and negotiating subordinations, nondisturbance agreements, crossing agreements, releases, and corrective instruments.

• Reviewing severed mineral interests and negotiating surface waivers and accommodation agreements.

• Coordinating with title companies on policy requirements, exceptions, and endorsements.

Deciding What Needs to Be Resolved

A title exception or survey matter may have little effect on one project and create a significant problem for another. We consider how each title or survey issue affects project rights, the proposed layout, construction and operating needs, and buyer and lender requirements.

We help project teams distinguish issues that should be resolved before signing a land agreement from those that can be addressed later. Where third party documents are needed, we help identify the parties, draft and negotiate the documents, and coordinate that work with the title company and financing parties.

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If you’re reviewing a site or addressing title, survey, or mineral issues on an existing project, we’d welcome the opportunity to discuss how we can help.