California Solar Easement Law

Property of another for any solar energy system.
California solar easement law. State law recognizes the benefit of trees for shading but also realizes that trees can block sunlight necessary for solar power. The california solar rights act allows for solar easements for solar energy systems on properties which are not owned by the owner. The regulations clarify sb 618 language and the department s role in implementing the solar use easement statute. Remodeling and construction of new buildings on adjacent parcels.
To as a solar easement. California has long recognized easements as an. The solar easement law. It also describes the minimum requirements needed to create a solar easement.
In other words if the appropriate steps are taken the solar host airspace above the p v. States that residents have the right of receiving sunlight and it shall be referred to as a solar easement. The solar rights act comprises the following california sections of law. Law on california property easements.
The solar rights act and the solar shade act according to go solar. California solar protection laws. Solar easements the act establishes the legal right to a solar easement which protects access to sunlight across adjacent properties. An easement is a right to use land that belongs to another as opposed to a right to possess land of another.
The right to receive sunlight is recognized as an easement in california civil code section 801. Solar easements and easements for light air or view a. Montana s law is similar to new york state s calling for a written document that includes the location of the easement. The department of conservation established procedures fees standards and criteria for solar use easements under regulations adopted early in 2014 title 14 of the california code of regulations.
In california today solar easements are a creature of statute. They were not initially recognized at common law. California civil code section 801. California civil code section 801 5.
In california two laws protect solar system owners. Solar easement means the right of receiving sunlight across real. Many states have legislation allowing private parties to contractually create solar easements. California s success is due in large part by the enactment of several major laws which guarantee unrestricted access to the power of the sun dating as far back as 1978.
System is guaranteed to be free of shade from vegetation growth increased building heights as a result of.