Solar Easement
Encyclopedia
A solar easement is a right, expressed as an easement
, restriction
, covenant, or condition
contained in any deed
, contract
, 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 systems.
that have provided for statutory protection for solar easements through the enactment of specific laws recognizing and protecting solar easements. California
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
does not currently have a solar easement statute.
Easement
An easement is a certain right to use the real property of another without possessing it.Easements are helpful for providing pathways across two or more pieces of property or allowing an individual to fish in a privately owned pond...
, restriction
Restriction
Restriction may refer to:* Restriction , an aspect of a mathematical function* Restrictions , an album by Cactus* Restriction enzyme, a type of enzyme that cleaves genetic material...
, covenant, or condition
Condition
-Logic:* Logical conditional* Necessary and sufficient condition, condition of another means that the former statement is true if and only if the latter is true-Computer programming:* Conditions, a generalization of exceptions in exception-handling...
contained in any deed
Deed
A deed is any legal instrument in writing which passes, or affirms or confirms something which passes, an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions sealed...
, contract
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
, 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 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 StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
that have provided for statutory protection for solar easements through the enactment of specific laws recognizing and protecting solar easements. California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
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
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...
does not currently have a solar easement statute.