A solar easement is a right, expressed as an
easement
An easement is a Nonpossessory interest in land, nonpossessory right to use 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" ...
, restriction,
covenant, or
condition contained in any
deed
A deed is a legal document that is signed and delivered, especially concerning the ownership of property or legal rights. Specifically, in common law, a deed is any legal instrument in writing which passes, affirms or confirms an interest, right ...
,
contract
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of thos ...
, 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 the radiant energy from the Sun's sunlight, light and heat, which can be harnessed using a range of technologies such as solar electricity, solar thermal energy (including solar water heating) and solar architecture. It is a ...
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 (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
that have provided for statutory protection for solar easements through the enactment of specific laws recognizing and protecting solar easements.
California
California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an ...
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 is a U.S. state, state in the Southwestern United States, Southwestern region of the United States, sharing the Four Corners region of the western United States with Colorado, New Mexico, and Utah. It also borders Nevada to the nort ...
does not currently have a solar easement statute.
See also
*
Solar power
Solar power, also known as solar electricity, is the conversion of energy from sunlight into electricity, either directly using photovoltaics (PV) or indirectly using concentrated solar power. Solar panels use the photovoltaic effect to c ...
*
Solar hot water
*
Easements
*
Property rights
The right to property, or the right to own property (cf. ownership), is often classified as a human right for natural persons regarding their Possession (law), possessions. A general recognition of a right to private property is found more rarely ...
References
{{Reflist
External links
Maine Solar Easement Statutes* https://solarpower.vn/
Real property law