Title, Survey & Easements

You're buying not just dirt, but the rights that come with it. Confirm them.

Title

A title commitment from a title company shows who owns the property and what's attached to it: liens, mortgages, taxes, and recorded restrictions. Review the exceptions — these are things title insurance will not cover. Clear or understand each one before closing.

Survey (ALTA)

An ALTA/NSPS land title survey maps the exact boundaries, improvements, easements, and encroachments. It reveals whether a neighbor's fence crosses your line, where utilities run, and the true buildable area.

Easements

An easement is someone else's right to use part of your land — a utility line, a shared driveway, a drainage path. Easements can shrink your buildable area or dictate where you can't build. Plot them on the survey and design around them.

What to watch for

• Access: is there legal, physical access to a public road? (No access = no project.)
• Restrictive covenants (CC&Rs) limiting use.
• Setbacks and easements that reduce usable land.

Going Deeper (Intermediate)

Three linked checks at acquisition:

• Title — who owns it and what liens/encumbrances exist, via a title commitment.
• Survey — the boundaries, easements, and encroachments, via an ALTA survey.
• Easements — rights others hold across your land (utility, access, drainage) that can limit what/where you build.

Advanced / Pro-Level

Read the fine print that controls buildability:

• The title commitment's Schedule B exceptions list easements, CC&Rs, mineral rights, and liens — read every one.
• An ALTA/NSPS survey shows easements, setbacks, encroachments, and flood lines.
• Title insurance protects your ownership; clear clouds before closing.
• A single utility or drainage easement bisecting the site can sterilize developable area or force a redesign; access easements rescue landlocked parcels. Easements are a top hidden deal-killer.

Practice Challenge

The title commitment lists a 30-ft-wide utility easement running diagonally through the middle of the buildable area. Why could this change the deal? (Answer: you typically can't build over a utility easement, so it can carve out your best developable land, slash yield, and force a redesign — exactly why you read every Schedule B exception and order an ALTA survey before closing.)

In Practice

A buyer skips the survey and later finds a utility easement running through the only buildable area. The survey would have shown it before purchase.

Common Mistakes to Avoid

• Skipping the ALTA survey
• Not reviewing the title exceptions
• Missing easements that shrink buildable area

Takeaway: Confirm legal access and map every easement — they shrink your buildable land.

Educational content — not legal, engineering, or financial advice. Requirements vary by jurisdiction; always confirm with the local authority and your professional team.