Powering the Future, One Title Search at a Time
As renewable energy projects like wind and solar farms surge across the U.S., there’s one crucial step that can’t be overlooked: title searching.
In her latest blog, Marissa Berends, Certified Abstractor & Industry Relations Coordinator at Capitol Lien, breaks down why title work is essential to the success of renewable energy development, from securing lease agreements to identifying mineral rights and easements.
-Clean energy needs clear land rights.
-Let our real estate experts help you build on a solid legal foundation.
As the U.S. and global markets shift toward renewable energy, large-scale solar and wind energy projects are booming. From sun-drenched deserts to rural farmland and offshore coastlines, developers are racing to secure land and build infrastructure that supports clean energy production. But behind every turbine and solar array lies a critical, often overlooked step: title searching.
A comprehensive title search is the backbone of successful renewable energy development. It ensures that land rights are clear, legal, and uncontested—something essential when millions of dollars and years of planning are on the line.
What Is a Title Search?
A title search is a legal examination of public records to determine the ownership and status of a property. It identifies:
- Current and past owners
- Easements and right-of-way agreements
- Liens or encumbrances
- Boundary and access issues
- Mineral or air rights ownership
- Zoning restrictions or covenants
In the renewable energy sector, title searches go beyond traditional residential needs. Developers must often assess vast tracts of rural or undeveloped land, often involving complex ownership histories or shared rights.
Why Title Searching Matters in Renewable Energy Projects
1. Securing Site Control and Lease Agreements
Wind and solar developers usually don’t purchase land outright—they lease it. That means understanding who owns the land and who has the legal right to sign a lease is vital. Any error in identifying the correct landowner or missing a co-owner can invalidate an agreement or expose the developer to legal disputes.
A title search confirms:
- The rightful landowner(s)
- Whether there are joint heirs or undivided interests
- If the owner has the authority to lease or encumber the property
2. Identifying Risk of Liens or Claims
Undiscovered liens, unpaid taxes, or unresolved legal disputes can derail a renewable project. These issues may prevent a clean transfer of interest, delay permitting, or even lead to foreclosure if not properly addressed. A title search reveals these risks early, allowing developers to resolve them before construction begins.
3. Access and Easement Rights
For wind and solar farms, access to transmission lines, roads, and maintenance routes is crucial. A title search ensures that:
- Legal access to the project site is secured
- Easements for underground cables, overhead lines, or access roads are documented
- Easements for underground cables, overhead lines, or access roads are documented
Without clear easement rights, a developer might face legal battles or logistical challenges that can halt or delay operations.
4. Understanding Mineral and Surface Rights
In many states, especially in the Midwest and West, mineral rights may be severed from surface rights. That means someone else could legally extract resources from under your solar panels or wind turbines—causing disruption or damage.
A thorough title search checks for severed mineral rights and identifies whether additional agreements or protections are needed to mitigate this risk.
5. Compliance and Financing
Lenders and investors in renewable energy demand assurance that their investment is secure. A clear title is a key part of project due diligence and a prerequisite for financing. Title insurance—based on a completed title search—protects against potential losses due to ownership disputes or unrecorded claims.
Without a clean title, developers may struggle to secure capital or risk breaching contract terms later in the development cycle.
Conclusion
As the renewable energy sector expands, so too does the complexity of land use and ownership. Title searching isn’t just a box to check—it’s a critical tool that protects developers, investors, and landowners from costly legal surprises. Whether building a 100-acre solar farm or a network of wind turbines, clear and accurate title information lays the legal foundation for sustainable, long-term success.
Capitol Lien would be happy to help with your renewable energy projects! Feel free to reach out for more information – our real estate experts have got you covered!
About the Author
Marissa Berends is a Certified Abstractor and Industry Relations Coordinator at Capitol Lien, a nationwide due diligence and risk mitigation services provider. Since joining the company in September 2021, she has earned abstractor certifications in Minnesota, Nebraska, and North Dakota. She is pursuing her Wisconsin Title Examiner certification, which is expected to be completed in Fall 2025.
Marissa is involved with the following groups: Wisconsin Land Title Association’s (WLTA) Convention Committee & Young Title Professionals; Nebraska Land Title Association’s (NLTA) Convention Committee; Property Record Industry Association (PRIA) National Education Committee; Illinois Land Title Association’s (ILTA) Inclusion, Diversity, Equity & Acceptance (IDEA) Committee; and the National Association of Land Title Examiners and Abstractors (NALTEA).
About Capitol Lien
Capitol Lien empowers real estate and title professionals with trusted public record research and due diligence services nationwide. With 35 years of experience, Capitol Lien specializes in fast, accurate property and title searches, lien reports, and document retrieval that help title agents, underwriters, and legal teams operate their businesses with confidence. The Capitol Lien team takes the hassle out of title research with local experts and innovative tools that make it easier to mitigate risk, stay on schedule, and keep your closings moving smoothly.
Learn more at capitollien.com. Ready to simplify your title research? Send your next order to Capitol Lien and experience the difference trusted diligence makes. Stay in touch with Capitol Lien on LinkedIn for industry updates and information. Reach out! contact@capitollien.com or 800-845-4077