Buying a commercial property is never just about the building. It’s about everything tied to the land underneath it. Easements are one of the biggest hidden risks in any deal. They can limit how you build, where you park, and how you access the site. An ALTA survey is the tool that puts these rights on the table before you sign anything.
For investors working in fast-moving redevelopment markets, this step matters even more. A parcel that worked fine for its old use can suddenly hit a wall once new construction plans come into play.
Why Redevelopment Deals Put Easements Under a Microscope
Commercial redevelopment activity is picking up pace across Tennessee. Old strip malls are becoming mixed-use centers. Warehouses are turning into retail space. Vacant lots are getting infill projects.
This kind of change puts old easements to the test. An easement that sat quietly for 30 years, tied to a use that no longer exists, can suddenly clash with new plans. Maybe it blocks a planned entrance. Maybe it limits where a new structure can sit.
An ALTA survey shows these easements clearly, mapped against the actual site conditions. It gives investors a real picture of what they’re inheriting, not just what’s written on old paper.
Access Easements That Can Block Your Redevelopment Plan
Every commercial project depends on access. Trucks need to reach loading docks. Customers need clear paths to parking. Emergency vehicles need room to move.
An ALTA survey does more than mark that an access easement exists. It shows exactly where that easement sits, how wide it is, and whether it can actually support your plans.
A shared driveway easement might look fine on paper. But if it’s too narrow for delivery trucks, or if it conflicts with a new parking layout, that’s a problem you want to catch before closing. The same goes for cross-access agreements between neighboring properties. If your redevelopment depends on that access continuing, you need proof it’s enforceable and workable, not just assumed.
Utility Easements Hiding Under Future Building Footprints
Utility easements rarely cause trouble until you try to build over them. A gas line, water main, or electrical easement that never bothered the old use can become a major obstacle for a new one.
Say you’re planning a building addition or a parking structure. If that footprint lands on top of a utility easement, you may face a redesign, a relocation request, or a delay while utility companies review the request. Catch these utility and access disputes early and they stay off your critical path.
An ALTA survey identifies these easements and shows exactly where they run in relation to your planned construction. This lets you adjust your site plan early, while changes are still cheap, instead of discovering the conflict mid-construction.
Reading Easement Language Against the Survey, Not Just the Title Commitment
Title commitments list easements, but they don’t always tell you the full story. The real value comes from comparing the written easement language to what the surveyor actually finds on the ground.
Sometimes the recorded language is vague about width or location. Sometimes it references a use that no longer matches reality. An experienced surveyor working alongside your attorney can spot these mismatches. They compare paper rights to physical evidence, things like fence lines, worn paths, or existing structures, and flag anything that doesn’t line up. Knowing which easements on a property are real, and where they actually sit, is the whole point of this step.
This step catches problems that a title review alone would miss. It’s not about replacing your attorney’s work. It’s about giving them accurate, on-site facts to work with.
Negotiating Easement Fixes as a Closing Contingency
Finding an easement conflict isn’t the end of a deal. It’s the start of a negotiation.
Investors regularly use ALTA survey findings to ask for changes before closing. This might mean requesting an easement relocation, a partial release, or a formal subordination agreement. The goal is simple: fix the problem now, while you still have leverage, instead of inheriting it after the sale closes.
Sellers are often willing to negotiate these points, especially when the survey findings are clear and well-documented. Making these fixes a condition of closing protects your investment and avoids costly surprises down the road.
Before You Close on That Next Deal
Old easements have a way of staying quiet until you try to build something new. That’s usually right around closing, when there’s little time left to fix what the survey turns up.
Order the ALTA survey early. Read the easement details yourself, not just your attorney’s summary. If something looks off, ask about it before you sign, not after.
