SOLAR PROJECT TITLE GUIDELINES
Title Guidelines for Solar Developers & Installers
Below are outlines of the common key solar project title requirements.
Email us if you have questions about a particular solar title requirement or type of project.
ALTA Survey Requirements
Our Standard ALTA Survey Requirements, including the Surveyor’s Certificate Form, can be found here, or by clicking on the attachment in the Title Guidelines Document Library.
SolRiver requires a current ALTA as-built survey of any real property required for the Project. In order to assist the process of ordering the survey, here are our basic requirements:
- A current ALTA/NSPS survey, prepared by a registered land surveyor approved by SolRiver.
- The survey complies with the “2016 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys”, including these items from Table A: 1, 2, 3, 4, 6(a) and (b), 7(a), 8, 9, 10(a)*, 11, 13, 14, 16, 17, 18, and 19. These items must be completed within 30 days of closing.
- The survey plats name and certify
- The owner of the property,
- SolRiver and the Project Company, and
- The title insurance company
- The following items, as applicable:
- A list of all easements from the title insurance commitment, identified and labeled on the survey.
- Reference to the most recent Title Commitment, with each exception set forth in the Commitment clearly marked on the survey.
- A scale, legend, directional arrow and vicinity map locating general area of surveyed property.
- All courses and distances of property boundaries, corresponding to the legal description of the property.
- The location and square footage of all improvements on the property.
- All rights-of-way, water courses, flood zones, wetlands, drains, sewers, utility easements, driveways, roads and other easements which serve the property.
- The names and widths of adjacent roadways with right of way clearly marked.
- If property is comprised of several parcels, the interior lines and facts, or a certificate to insure contiguity.
- Certification that the property does not lie within a flood zone.
- The political subdivision, county and other notations as will accurately locate the property.
- A Certification signed by the surveyor, in standard form provided by SolRiver below.
* = if applicable
Title Policy Endorsement Requirements
The list of the standard solar owner’s title policy endorsement list can be found here, or by clicking on the attachment in the Title Guidelines Document Library.
SolRiver requires several common ALTA endorsements. They are as follows:
Zoning: Land Under Development
Insures the zoning classification and the authorized uses thereunder.
Commercial Environmental Protection Lien
Insures against existing recorded federal or state environmental protection liens.
Insures against loss or damage caused by the enforcement of a Private Right resulting in (a) the invalidity or unenforceability of the lien of the Insured Mortgage, or (b) the loss of Title acquired.
Future Advance Priority
This endorsement protects the insured mortgage if in becomes invalid due to security advances, re-advances, or lack of outstanding indebtedness before an advance, or if the insured has a lack of priority as security for each Advance. Includes Mechanic’s Liens.
Access & Entry
Insures that the land is accessible for pedestrians and vehicles, abuts a street, and that the ProjectCo has the right to use curb cuts on the street.
Indirect Access and Entry
Insures the same items as ALTA 17-06; however, it is only required if property access is by easement.
Protects against loss or damage due to a lack of access for utilities to service the Site.
Single Tax Parcel
Protects against being taxed as part of a larger parcel of land or failing to constitute a separate tax parcel for real estate tax purposes.
Multiple Tax Parcel
Protects against the same risk as Endorsement 18-06; however, it is only required if the project consists of multiple parcels, including insured easements.
Contiguity – Multiple Parcels
Protects against the risk that the boundary lines of any parcel in a multi-parcel project are not contiguous with one another, or any gaps separate contiguous boundaries.
Insures that improvements are actually located on the land and that they are known by a specific street address.
Protects against a lien becoming unenforceable because making the loan violated the laws of the state in which the Site is located.
Same as Survey
The land is the same as shown on the survey mentioned in the Commitment.
Protects against the land being determined unlawfully subdivided according to local statutes and ordinances.
Damage or Enforced Removal – Land Under Development
Insures against damage if there is encroachment by any improvements onto adjoining land. This includes in the case of enforced removal.
Some land improvements do not constitute real property because they can be severed from the land without causing material injury to land or improvement. This endorsement protects against the loss of said improvements.
Minerals and Other Subsurface Substances Land Under Development
Provides coverage against loss of surface structures, including roads, walkways, parking, or other improvements, from the use of the area to extract or develop sub-surface minerals.
Energy Project – Leasehold – Owner
In the event of an eviction or ejection, calculation of loss shall include the value of the Insured Party’s interest in existing or future severable improvements.
Energy Project “Comp” – Owner’s
Insures against violations of covenants by the System or the enforced removal of the System due to the violation of a building setback line or related to environmental protection.
Energy Project – Covenants, Conditions & Restrictions – Land Under Development – Loan
Insures the Project in the same events as ALTA 36.4-06, for the Loan. It also includes a violation of Covenant that extinguishes the lien or makes it invalid & unenforceable.
Energy Project – Fee Estate – Owner
If Project’s Title needs to be valued as a result of an ejection, the value of the fee interest in the land and any of the system remaining the day of eviction.
The Insurance Company will not deny liability under the policy or endorsements.
Deletion of Arbitration
Removes the requirement for compulsory arbitration at the request of the insured or insurer.
Maximum Actual Loss Endorsement
Insurer will include the cost of land development and soft costs when taking into consideration the value of actual development costs.