Whose Right to Sunlight? by avra

Which has to go? The Tree or the Energy Production?

A solar easement is a right to sunlight. It is a restriction that attaches to your neighbor’s property, prohibiting anything on their property from blocking the sunlight reaching your property. While a problem with access to sunlight may never arise, anyone thinking about installing solar panels should consider trying to get a solar easement from their neighbors who could potentially block their access to sunlight.

In a few years, that tree that your neighbors just planted may shade the solar panels that you just invested in, or your neighbors may decide to sell their property to someone who wants to construct a 9 story condo building.

If you are able to get your neighbor to grant a solar easement, make sure that you get the easement in writing, signed and attached to the deed of your neighbor’s property. You will also want to record the easement with your city so that potential purchasers are on notice that there is an easement on the property. You don’t necessarily need an attorney to write up a solar easement, but you do want to make sure that it is explicit and as specific as necessary to ensure that you continue to have access to adequate sunlight in the future.

States that Allow Solar Easement

Many states recognize solar easements and will enforce them. However, solar easements must be granted by your neighbor. Neighbors may be hesitant to grant an easement over their property. The restriction not only limits their ability to use the property, but may reduce the value of their property because the restriction would apply to any purchaser of the property. Nonetheless, you never know until you ask. Some neighbors may be happy to plant a smaller tree, build that second story in a slightly different way, or make other small concessions to help out a neighbor or promote sustainable energy practices. For more hesitant neighbors, you may consider compensating them for the easement (a small investment now may avoid a potentially huge headache later).