A solar easement is a right, expressed as an
easement
An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". An easement is a propert ...
, restriction,
covenant, or
condition contained in any
deed
In common law, a deed is any legal instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions, sealed. It is commonly associated with transferrin ...
,
contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tr ...
, or other written instrument executed by or on behalf of any
landowner for the purpose of assuring adequate access to direct sunlight for
solar energy
Solar energy is radiant light and heat from the Sun that is harnessed using a range of technologies such as solar power to generate electricity, solar thermal energy (including solar water heating), and solar architecture. It is an essen ...
systems.
Features
A typical solar easement establishes certain land use conditions agreed upon by the property owners involved. Such agreements will normally contain the following elements:
* A description of the dimensions of the easement, including vertical and horizontal angles measured in the degrees or the hours of the day, on specified dates, during which direct sunlight to a specified surface or structural design feature may not be obstructed;
* Restrictions placed upon vegetation, structures, and other objects which may impair or obstruct the passage of sunlight through the easement, and;
* The terms and conditions, if any, under which the easement may be revised or terminated.
Statutory recognition
Currently, there are 36 states in the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
that have provided for statutory protection for solar easements through the enactment of specific laws recognizing and protecting solar easements.
California
California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the m ...
was one of the first states to enact such a law, beginning with their solar incentives as far back as 1976.
[ ] Surprisingly, the State of
Arizona
Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Fou ...
does not currently have a solar easement statute.
See also
*
Solar power
Solar power is the conversion of energy from sunlight into electricity, either directly using photovoltaics (PV) or indirectly using concentrated solar power. Photovoltaic cells convert light into an electric current using the photovolta ...
*
Solar hot water
*
Easements
*
Property rights
References
{{Reflist
External links
Maine Solar Easement Statutes* https://solarpower.vn/
Real property law