§ 34-40-2 — § 34-40-2. Creation of solar easements.

§ 34-40-2. Creation of solar easements.

(a) Any property owner may grant a solar easement in the same manner and with the same effect as a conveyance of an interest in real property. The solar easements shall be created in writing and shall be subject to the same conveyancing and instrument recording requirements as any other instrument affecting the title of real property. The solar easements shall run with the land or lands benefited and burdened and shall constitute a perpetual easement, absent any terms and/or conditions under which the solar easement is granted or may be terminated.

(b) Any instrument creating a solar easement shall include but not be limited to:

(1) A description of the real property subject to the solar easement and a description of the real property benefiting from the solar easement;

(2) A description of the vertical and horizontal angles, expressed in degrees and measured from the site of the solar energy system, at which the solar easement extends over the real property subject to the solar easement, or any other description which defines the three-dimensional space, or the place in which and times of day during which an obstruction to direct sunlight is prohibited or limited;

(3) Any terms and/or conditions under which the solar easement is granted or may be terminated;

(4) Any provisions for compensation of the owner of the property benefiting from the solar easement in the event of interference with the enjoyment of the provisions of the solar easement, or any provisions for compensation of the owner of the property subject to the solar easement for maintaining the easement.

Legislative History

P.L. 1981, ch. 292, § 1.