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 relevant to the Project. In order to assist the process of ordering the survey, here are SolRiver’s basic requirements for the ALTA survey process:
- A current ALTA/NSPS survey, prepared by a registered land surveyor approved by SolRiver.
- The survey is in compliance with the “2016 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys”, including the following items listed under 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 must name and certify:
- The owner of the property,
- SolRiver and the Project Company, and
- The title insurance company.
- Further, the survey must contain:
- A list of all easements identified in the Title Commitment, identified and labeled on the survey.
- Reference to the most recent Title Commitment, with each exception therefrom set forth in the Commitment clearly marked on the survey.
- A scale, legend, directional arrow and vicinity map locating the general area of surveyed property.
- A valid boudries discription, 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 indicated.
- 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, on the standard form provided by SolRiver below.
* = if applicable
Title Policy Endorsement Requirements
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 the following common ALTA endorsements.
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
Protects the insured mortgage if it becomes invalid due to security advances, re-advances, or lack of outstanding indebtedness before an advance, or if the insured security for each Advance is inferior to that of another claimant. Includes Mechanic’s Liens.
Access & Entry
Insures that the land is accessible for pedestrians and vehicles, abuts a street and that Project Company 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 prescribed is by the easement.
Protects against loss or damage resulting from a lack of access for utilities to service the Site.
Single Tax Parcel
Protects the property from 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 identifiable 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 described 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 an encroachment by any improvements onto adjoining land. This includes the case of enforced removal.
Some land improvements do not become a part of the 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 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 renders it invalid and 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.
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