Common Title Problems an ALTA Survey Can Uncover Before Closing

Buying commercial property is a big deal. There is a lot of money on the line. An ALTA survey helps you find title problems before you close. Some problems hide in old records. Others exist on the ground but were never written down. Finding them early gives you choices. Missing them after closing can cost you far more than the survey ever would.

When Property Records and Physical Occupation Do Not Match

A legal description tells you what the owner is supposed to own on paper. But the land itself does not always match what the paper says.

Fences may be in the wrong spot. Driveways may cross into a neighbor’s land. Buildings may sit on boundary lines that were never fixed. These things can go on for years without anyone noticing.

Why it stays hidden: A title search looks at documents. It does not go out and measure the land. So if the recorded description does not match what is actually there, a title search will not catch it. A surveyor will.

What a survey finds: An ALTA survey measures the land and compares those measurements to the recorded description. If something does not line up, it shows up on the survey map. Your attorney and title company can then look into it before you close.

Missing or Incomplete Legal Descriptions That Create Uncertainty

A legal description is how a property is identified in public records. Older descriptions can be vague or broken. Some reference landmarks that no longer exist. Some have missing information. Some conflict with themselves.

Common Description Problems

• References to landmarks like “an old oak tree” that are long gone
• Descriptions with missing or broken boundary calls
• References to old surveys or documents that cannot be found
• Descriptions copied incorrectly from one deed to the next over many years

Why this matters: If the description is unclear, no one can be sure exactly what you are buying. Lenders may refuse to fund the deal. Title companies may not cover the areas in question.

What a survey does: The surveyor reviews the description. If there are problems, they note them on the survey. That gives your attorney and title company a place to start fixing the issue before closing.

Gaps and Overlaps Between Neighboring Property Records

Two side-by-side parcels should line up on paper without any space between them or any overlap. Often they do not.

Old surveys in Colorado were done with different tools and different rules. Small errors in those old surveys created gaps and overlaps that still exist in public records today.

What Gaps and Overlaps Look Like

A gap is a strip of land that falls between two parcels. No one has clear title to it. An overlap is the reverse. Two descriptions both claim the same strip of land. Both owners think it is theirs.

Why this is a problem: Gaps and overlaps raise real questions about ownership. If your parcel overlaps into your neighbor’s recorded description, you may not have clear title to that area. If there is a gap between your parcel and the road, you may not have legal access to your property.

Why finding it early helps: These problems rarely fix themselves. If you find one before closing, you have time to look into it and figure out what to do. After closing, your options get much smaller.

Unrecorded Property Changes That Never Made It Into the Public Record

Not every change to a property gets recorded. This happens more often than you might think, and it creates risk.

Examples of Unrecorded Changes

• Boundary adjustments made between neighbors with no written record
• Parcels split by long-term use rather than a formal process
• Access deals between neighbors that were never written down
• Old easements created by use rather than a recorded document

The gap in public records: Colorado law says certain actions must be recorded to be valid against a new buyer. But informal deals between old owners do not always follow that rule. If you rely only on public records, you will not see these changes.

How a survey helps: An ALTA survey documents what is on the ground. When the field does not match the record, that is a red flag. It can lead to more investigation about what happened and whether any rights need to be cleared before you take ownership.

Why Early Discovery Gives Buyers More Options Before Closing

The real value of an ALTA survey is not just the map. It is what you can do with the information while you still have time.

Most title problems can be fixed. Boundary issues can be documented. Bad legal descriptions can be corrected. Gaps and overlaps can be resolved with a boundary line agreement or a quiet title action. Unrecorded interests can be investigated and cleared or covered by title insurance.

What you can do when you find problems before closing:

• Ask the seller to fix the issue before the deal closes
• Have your attorney look into the history and advise on the risk
• Ask your title company if insurance coverage is available
• Renegotiate the price if the problem affects the property’s value or use
• Walk away if the problem cannot be resolved

What happens when problems show up after closing:

• Your options are much more limited
• You pay the costs, not the seller
• You may need to go to court
• Your project timeline may be pushed back