Legal Definitions - solar easement

A solar easement is a legal agreement that grants one property owner the right to receive sunlight across another property owner's land. Its primary purpose is to protect access to sunlight for solar energy systems, such as solar panels or passive solar heating, by preventing the neighboring property from constructing buildings, planting trees, or taking any other action that would block the sunlight.

Essentially, it's a specialized type of easement that ensures a property's solar access remains unobstructed, even if the adjacent land is developed or altered in the future. These easements are typically recorded with property deeds, making them binding on future owners of both properties.

Here are some examples to illustrate how a solar easement works:

• Residential Solar Panel Installation: Imagine Sarah wants to install solar panels on her rooftop. Her neighbor, Mark, has a large, undeveloped lot next door. Sarah is concerned that if Mark builds a multi-story house or plants tall trees in the future, it could shade her panels and reduce their efficiency. To protect her investment, Sarah and Mark could enter into a solar easement agreement. This agreement would legally prevent Mark from constructing anything on his property that would cast a shadow on Sarah's solar panels during specific hours of the day, ensuring her continued access to sunlight. The easement would be recorded, binding any future owners of Mark's property to these restrictions.

• Community Solar Farm Development: A renewable energy company plans to build a large community solar farm on a parcel of land. This farm will generate electricity for hundreds of homes. To guarantee the optimal performance of their extensive array of solar panels, the company negotiates solar easements with several adjacent landowners. These easements prevent the neighbors from erecting structures, growing tall vegetation, or engaging in any activity on their properties that would obstruct the sunlight reaching the solar farm's panels. This legal protection is crucial for the long-term viability and energy output of the solar farm.

• Planned Sustainable Neighborhood: A developer is creating a new neighborhood designed with sustainability in mind, where every home is intended to have solar energy capabilities. As part of the community's covenants, conditions, and restrictions (CC&Rs), the developer establishes solar easements for each lot. These easements specify that no property owner can build additions, plant trees, or install features that would shade a neighbor's designated solar access area. This ensures that all homeowners can effectively utilize solar power without fear of future obstruction from adjacent properties, fostering a truly solar-friendly environment from the outset.