California Solar Easement Law

In california two laws protect solar system owners.

California solar easement law.

The solar rights act comprises the following california sections of law. Solar easements the act establishes the legal right to a solar easement which protects access to sunlight across adjacent properties. The solar easement law. Solar easements and easements for light air or view a.

The right to receive sunlight is recognized as an easement in california civil code section 801. 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. California has long recognized easements as an. Remodeling and construction of new buildings on adjacent parcels.

California solar protection laws. In other words if the appropriate steps are taken the solar host airspace above the p v. State law recognizes the benefit of trees for shading but also realizes that trees can block sunlight necessary for solar power. They were not initially recognized at common law.

California civil code section 801. Property of another for any solar energy system. The solar rights act and the solar shade act according to go solar. Montana s law is similar to new york state s calling for a written document that includes the location of the easement.

In california today solar easements are a creature of statute. 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. An easement is a right to use land that belongs to another as opposed to a right to possess land of another.

California civil code section 801 5. The california solar rights act allows for solar easements for solar energy systems on properties which are not owned by the owner. Solar easements solar easements are relatively new. The regulations clarify sb 618 language and the department s role in implementing the solar use easement statute.

It also describes the minimum requirements needed to create a solar easement. To as a solar easement. States that residents have the right of receiving sunlight and it shall be referred to as a solar easement. Many states have legislation allowing private parties to contractually create solar easements.

Law on california property easements.