Buying Commercial Land With a Drainage Easement? Check the ALTA Survey First

An ALTA survey answers a question that title work alone cannot fully answer. That question is simple: where does the drainage easement actually sit on the ground? Knowing that an easement exists is one thing. Knowing exactly where it falls compared to your buildable space is what really shapes a commercial land deal. For anyone looking at property with a drainage easement in the mix, this is a detail worth confirming before the purchase moves too far along.
Locate the Easement Before You Judge the Usable Site
A drainage easement listed in a title report might sound like a small detail. In reality, its footprint can take up a large chunk of land that would otherwise be usable. Two properties can have the exact same total acreage and still offer very different amounts of buildable space, all depending on where that easement falls.
This is why finding the easement matters more than simply knowing it exists on paper. A survey plots its exact boundaries against the rest of the property. This gives buyers a realistic picture of how much land is actually free for construction, parking, or future expansion. Without that picture, a buyer is really just guessing.
Read the Title Document Together With the Survey
Title documents describe legal rights in writing. A survey shows those same rights mapped out visually on the land. Reading both together, instead of treating either one as the full story, gives a much clearer picture of what a buyer is truly getting.
A recorded easement description might mention boundaries or measurements that only make sense once they are drawn out on the actual property. Pairing the title work with the survey helps catch gaps or mistakes early. That early catch matters, because those same gaps can turn into costly surprises after closing, when there is much less room to fix them.
Is the Proposed Building Area Crossing a Recorded Right?
Before locking in any site plan, it is worth checking whether the planned building footprint overlaps with the mapped easement. This step is easy to skip in the early stages, especially when the site plan is still just a rough sketch. Skipping it, though, can lead to real delays once construction gets closer.
Comparing the early layout against the survey while there is still room to make changes gives the design team real options. Moving a building a few feet, or reworking the parking layout around the easement, is far easier to do before construction drawings are finished and locked in. Waiting until later removes most of that flexibility.
Existing Drainage Improvements Can Add Another Layer of Review
Some drainage easements already have visible infrastructure sitting inside them. This can include channels, culverts, pipes, or retention structures built to manage water flow. These physical improvements can affect where new construction is able to safely go, so they deserve real attention during the review process.
Buyers should talk with their surveyor about what is actually on the ground within the easement area. This means looking past what the recorded documents describe and confirming what is truly there. A structure that is not mapped correctly can lead to conflicts once site work begins, and those conflicts are much harder to solve mid-project than they are on paper.
Resolve Questions While the Purchase Is Still Under Review
Any questions about the easement, its location, or how it affects the site plan are much easier to work through while the deal is still active. Buyers, surveyors, and title professionals can sit down together and find a solution. That solution might mean adjusting the purchase terms, or it might simply mean confirming that the site still works as planned.
Waiting until after closing to sort out these details leaves far fewer options on the table. At that point, the buyer already owns the property, and changes become much harder and more expensive to make. Clear communication early in the process protects the buyer and keeps the project moving without last-minute setbacks that could have been avoided.
Frequently asked questions
Does an ALTA survey show drainage easements?
Yes, an ALTA survey typically maps recorded easements, including drainage easements. The surveyor uses the title documents provided by the buyer or their attorney to plot these easements accurately. This mapping shows exactly where the easement sits compared to the rest of the property. It gives buyers a clear, visual answer instead of just a written description.
Can a building be placed inside a drainage easement?
Generally, no, since easements are usually set aside for their intended purpose. Most drainage easements restrict any construction within their marked boundaries to keep water flow working properly. The specific rules do depend on the exact language recorded for that easement. This is why reading the recorded document closely, alongside the survey, matters so much.
Who provides easement documents to the surveyor?
The title company or the buyer’s attorney usually supplies the recorded easement documents. The surveyor then takes that paperwork and uses it to map the property accurately. Without these documents, the surveyor cannot confirm the exact easement boundaries. This is one reason buyers should gather title work early in the process.
Should buyers order the ALTA survey before completing site design?
Yes, ordering the survey early gives the design team accurate information about easements and other restrictions. This lets the team build the site plan around real boundaries instead of guesses. Waiting until the design is nearly finished often means costly changes later. Early survey work simply saves time and money down the road.
What should I do if the easement crosses the area I want to develop?
Talk with your surveyor and design team about adjusting the site plan to work around the easement. Shifting the building layout is usually much easier before construction drawings are finalized. The earlier this conversation happens, the more options remain on the table. Waiting too long can force expensive redesign work later.
