An ALTA survey does more than confirm lot lines. In Bowling Green, Kentucky, developers have discovered, after committing to a deal, that neighboring property owners hold legal rights to cross their land. Those rights were never brought up during negotiations. They were simply there, recorded in documents no one reviewed closely enough.
This happens more than most people expect. And when it does, it can change everything.
Why Access Rights Sometimes Stay Hidden Until an ALTA Survey Is Performed
Access rights are not always obvious. A seller may not think to mention an old easement. A buyer may not know to ask. Attorneys on both sides may focus on price and zoning, not on who has the legal right to cross the property.
An ALTA survey compares what is physically on the ground with what is recorded in public documents. It looks at plats, deeds, easements, and title records. It also looks at what is actually visible during a field inspection.
That combination reveals things that do not show up in a standard title search alone. A path worn into the ground. A gate that belongs to a neighbor. A gravel strip that turns out to be a shared access road with a recorded right of use.
These features can carry legal weight even when no one mentions them at the negotiating table.
Shared Driveways, Private Roads, and Easements Can Affect Property Use
Some of the most common surprises involve access that neighboring owners have used for years. A private road that crosses a corner of the property. A shared driveway that gives an adjacent owner the right to reach their parcel. An ingress and egress easement recorded decades ago that is still fully valid.
These rights can affect what a developer can build, where they can build it, and how they can use the land.
This is especially common in redeveloped properties, where old access rights tend to carry over in ways nobody expects.
If a neighboring parcel holds an easement that crosses the area where a parking structure is planned, that structure may not be buildable as designed. If a private road cuts through the site, setback requirements and access obligations may shift the entire site plan.
Lenders notice these things too. A discovered easement may trigger a requirement to restructure financing or obtain additional legal review before a loan proceeds.
Recorded Documents and Field Evidence Do Not Always Tell the Same Story
Title records reflect what was filed. They do not always reflect what has happened on the ground over time.
A surveyor performing an ALTA survey looks at both. They review recorded documents from the county. They also walk the property and document what they find physically. When those two sources do not match, that discrepancy matters.
In some cases, an access path has been used openly for so long that it may carry legal significance beyond what is recorded. Courts in Kentucky have recognized prescriptive easements, which are rights that can develop through long, open, and continuous use of land without permission.
A surveyor will flag visible evidence of use. They will note worn paths, tire tracks, cleared corridors, or structures that suggest regular access. What happens next is a legal question. But identifying the issue during a survey gives everyone involved the chance to deal with it before closing.
Unexpected Access Rights Can Change Financing and Development Decisions
Lenders rely on ALTA surveys because they need to know what they are financing. A discovered easement or right-of-way changes the picture.
A lender may require that a newly found access right be addressed in the title commitment. They may require a legal opinion. They may require that the easement be quitclaimed, relocated, or insured against before they will fund the loan.
For developers working on commercial projects, these findings can mean delays. They can also change the economics of a deal. If a portion of the site cannot be used as planned because of an access obligation to a neighboring owner, the development yield drops. The land may be worth less than originally assumed.
Knowing this before closing is far better than discovering it after construction begins.
Addressing Access Issues Early Helps Transactions Move Forward More Smoothly
The goal of ordering an ALTA survey early is to surface problems while there is still time to solve them.
When access rights are discovered before closing, the parties have options. They can negotiate. They can seek to vacate an easement through a legal process if it is no longer in use. They can adjust the purchase price. They can work with a title company to insure around a specific issue if it meets underwriting criteria.
When access rights are discovered after closing, the options narrow considerably.
Surveyors, title professionals, and attorneys work best when they are brought in early and allowed to coordinate. An ALTA survey is not the last step in due diligence. It works better as one of the first.
In Bowling Green, where commercial and industrial development continues to grow, the cost of discovering an undisclosed access right after the deal closes can far exceed the cost of the survey itself.
Frequently Asked Questions
What access rights can an ALTA survey reveal?
An ALTA survey may identify easements, shared driveways, private roads, ingress and egress rights, and other recorded or visible access features affecting the property.
Can an ALTA survey show rights that were not discussed during negotiations?
Yes. An ALTA survey can uncover access rights and easements that may not have been mentioned by the buyer, seller, or other parties involved in the transaction.
Why are access rights important in commercial real estate transactions?
Access rights can affect development plans, financing requirements, property value, and how owners or neighboring properties legally use the land.
Can a shared driveway appear on an ALTA survey?
Yes. Shared driveways and access agreements are commonly shown on an ALTA survey when they affect the surveyed property.
Should an ALTA survey be completed before closing on a property?
Completing an ALTA survey before closing helps buyers, lenders, and attorneys identify potential issues and make informed decisions before the transaction is finalized.
