California Solar Easement Law

An easement is a right to use land that belongs to another as opposed to a right to possess land of another.

California solar easement law.

In california two laws protect solar system owners. States that residents have the right of receiving sunlight and it shall be referred to as a solar easement. Remodeling and construction of new buildings on adjacent parcels. 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.

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. The regulations clarify sb 618 language and the department s role in implementing the solar use easement statute. They were not initially recognized at common law. Property of another for any solar energy system.

The solar easement law. Law on california property easements. California civil code sections 714 and 714 1 california civil code section 801 california civil code section. In california today solar easements are a creature of statute.

California has long recognized easements as an. Montana s law is similar to new york state s calling for a written document that includes the location of the easement. Solar easement means the right of receiving sunlight across real. An old english common law legal doctrine ancient lights is occasionally applied to prevent the shading of property by adjoining construction or the erection of spite fences intended to block air light or views.

Solar easements and easements for light air or view a. It also describes the minimum requirements needed to create a solar easement. The solar rights act comprises the following california sections of law. State law recognizes the benefit of trees for shading but also realizes that trees can block sunlight necessary for solar power.

California civil code section 801 5. Solar easements the act establishes the legal right to a solar easement which protects access to sunlight across adjacent properties. To as a solar easement. Many states have legislation allowing private parties to contractually create solar easements.

The right to receive sunlight is recognized as an easement in california civil code section 801. California solar protection laws. Solar easements solar easements are relatively new. The california solar rights act allows for solar easements for solar energy systems on properties which are not owned by the owner.

System is guaranteed to be free of shade from vegetation growth increased building heights as a result of.