Updated on Nov. 26, 2025
If you are buying a veterinary practice and real estate is included in the deal, title commitment and surveys are an important part of the due diligence process. Given the complexities involved in acquiring commercial property, it is essential to work with a capable veterinary attorney.
At Mahan Law, we are here to guide you through all aspects of buying a veterinary practice. Although title defects and encumbrances are common in commercial real estate transactions, we have the skills and experience to find solutions and will work to protect your interests. Contact our office today for a consultation.
What is a title commitment?
A title commitment is a document from a title company that outlines the conditions required before it will issue a title insurance policy. It identifies recorded items affecting ownership, lists exceptions that will not be insured, and explains what must be completed before the policy is issued. In short, it previews the state of the property’s title and the steps needed to deliver clear ownership.
What Does a Title Commitment Include?
A title commitment typically contains:
- Recorded easements, liens, covenants, and restrictions
- Requirements to issue the policy
- Exceptions the title company will not insure
- A roadmap for clearing defects before closing
Common Requirements Before Issuing a Policy
To issue the final title insurance policy, title companies usually require:
- Payoff of the seller’s existing mortgage
- Proof of the buyer’s new mortgage
- Payment of taxes, liens, or assessments
- A recorded deed transferring ownership
- A new or updated property survey
What Are Title Exceptions?
Title exceptions describe items the title company will not insure, such as covenants, easements, survey discrepancies, possessory claims, mechanic’s liens, and taxes not yet due. These exceptions limit the insurer’s liability for issues that are either visible on the property or not shown in the public record.
Many standard exceptions are routine and can often be removed with a Comprehensive Endorsement or an owner affidavit.
Why Legal Guidance Matters
Evaluating title exceptions and curing defects requires careful review of recorded documents, survey findings, and lender requirements. Our team understands commercial veterinary real estate and the unique issues that arise in clinic purchases. We identify risks early, recommend solutions, and help ensure a clean transfer of ownership.
Why Are Property Surveys Important When Purchasing Veterinary Real Estate?
A property survey provides a detailed picture of the land, boundaries, improvements, and any conditions that could impact the clinic’s operations. Surveys verify setbacks, encroachments, easements, and environmental considerations that may not appear in the title record. Lenders often require specific survey types, and buyers rely on them to confirm the property is suitable for long term clinic use.
What Does a Survey Typically Reveal?
Common information verified through a survey includes:
- Zoning and land use
- Setbacks and building distances
- Easements, utilities, and access rights
- Boundary lines
- Encroachments
- Environmental or drainage issues
Types of Surveys in Veterinary Real Estate Purchases
1. As Built Surveys
Show improvements made to the property, often used for new construction or remodel projects. They may not include title or boundary analysis.
2. Boundary or Land Surveys
Identify property lines and outline easements, encroachments, and restrictions imposed by local regulations.
3. ALTA Surveys
ALTA surveys are the most comprehensive and commonly used in commercial transactions. They detail boundaries, improvements, setbacks, and all recorded title matters, offering the fullest picture for buyers and lenders.
How Mahan Law Supports Buyers With Title Commitments and Surveys
We help veterinary buyers navigate the due diligence process with clarity and confidence. Our team reviews title commitments, negotiates the removal of exceptions, coordinates with title companies, and resolves encumbrances. We partner with real estate professionals across the country to ensure each property satisfies local requirements and truly supports the future of the practice.
Contact Our Veterinary Real Estate Attorneys
Purchasing a veterinary practice with real estate is a major investment. Our team is ready to guide you through title commitments, surveys, and all related closing steps so you can move forward with confidence. Contact us today to begin the process.
FAQs
What risks can a title commitment uncover?
A title commitment can reveal liens, easements, ownership disputes, restrictions, and other encumbrances that might limit your use of the property. Identifying these issues early helps protect your investment.
Do I always need a new survey when buying a veterinary practice?
Most commercial lenders require an updated survey to confirm boundary lines, easements, and improvements. Even if not required, a new survey ensures you fully understand property conditions before closing.
Can title exceptions be removed?
Many standard exceptions can be cleared through endorsements, affidavits, updated surveys, or corrective documentation. An attorney can help determine which exceptions should remain and which should be addressed before closing.