However, land is not energy infrastructure; it’s real property governed by a different body of law, with its own traps and nuances. It’s easy to gain a false sense of security and believe “the land is fine” because it’s flat, sunny, and near a substation. 

That assumption is where projects get into trouble and is completely preventable, so that you don’t make an expensive mistake. 

Where Diligence Actually Matters

Ownership and the chain of title. A clean-looking parcel can carry old mortgages, unresolved liens, or fractional ownership from inheritances that were never formally settled. If the person who signed your lease doesn’t have full, unencumbered authority to do so, your site control isn’t real. It just looks real on paper. This is a higher risk in the land we use for our development because much of it is agricultural and has been passed down through generations of farmers who may not have retained an attorney to assist with the transfer.  

Mineral issues. Certain states have mineral issues that need to be addressed well before site design. If there is a mineral severance in the chain of title, you need not only landowner consent for the improvements above ground, but also an agreement from the mineral owner not to disturb the surface of the project or perform any work that might cause subsidence. If your title commitment discloses old mineral leases, they need to be examined and addressed so you don’t have a mineral company showing up on the property looking to begin mineral mining or drilling.  

Easements and encumbrances. Utility easements, pipeline rights-of-way, and access easements can all restrict how land is used, even if they don’t show up on a casual site walk. Finding a buried fiber line that runs through your planned array layout during construction is the worst time to discover it. 

Access rights. A commercial solar site is only as good as the road that gets equipment and, later, service vehicles to it. Landlocked parcels or shared access roads with vague or nonexistent legal use rights can stop a project in its tracks. 

Zoning, land use, and deed restrictions. Local zoning may permit solar, but deed restrictions, conservation covenants, or HOA-style agreements attached to the property itself can override what zoning allows. These restrictions travel with the land, not the current owner’s intentions. 

Survey accuracy. Assumed boundaries are not surveyed boundaries. Setback requirements, adjacent property disputes, easements, and encroachments all hinge on knowing exactly where the parcel lines are – not where the tax map suggests they might be. 

Lease structuring and term alignment. A 40-year solar lease needs to actually survive 40 years and the financing lifecycles that come with developing the solar project. Poorly drafted leases with unrecorded memoranda of lease, unclear renewal terms, or no protection against subordination issues can unravel financing at exactly the moment a project needs to close. 

Why This Gets Skipped 

It’s rarely negligence. It’s usually pace. Commercial solar operates on tight timelines, and real estate diligence feels like a slow, unglamorous gate standing between a developer and progress. Legal and title work doesn’t move a project forward the way a signed interconnection agreement does, but it could be the reason a project stalls entirely. 

The Fix Isn’t Complicated 

Real estate diligence for commercial solar doesn’t need to be exotic. It simply needs to be consistent. That means: a title search that searches far enough back to catch early recorded documents (typically 100 years, but it varies based on the state), an ALTA survey, a clear-eyed read of every easement and restriction on record, and lease language drafted by counsel who understands both real property law and how solar financing actually underwrites site control. 

None of this is glamorous, but in a sector where margins are tight and timelines are unforgiving, the developers who treat land diligence as a first step rather than simply a formality are the ones who get their projects built on schedule and without a title surprise showing up at the worst possible moment. 

Stay Tuned!  

This is the first in a series on real estate diligence for commercial solar. Future installments will dig deeper into topics such as mineral issues, access rights, and title insurance.