Solar Easement In Virginia Code
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How to fill out Grant Of Solar Easement?
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FAQ
Legislation from the 2020 Virginia General Assembly amended the net metering program and increased the maximum capacity of renewable generation facilities of residential customer-generators from 20 kilowatts to 25 kilowatts, and non-residential customer-generators from one to three megawatts.
Section 801.5 - Solar easement (a) The right of receiving sunlight as specified in subdivision 18 of Section 801 shall be referred to as a solar easement. "Solar easement" means the right of receiving sunlight across real property of another for any solar energy system.
Solar Panel Covenants and Restrictions In Virginia, community associations cannot prohibit solar energy collection devices (i.e., solar panels) from being installed on an owner's property unless the association's recorded declaration establishes such a prohibition (see Virginia Code Secs. 55.1-1820.1 and 55.1-1951.1).
Unless otherwise provided for in the terms of an easement, the owner of a dominant estate shall not use an easement in a way that is not reasonably consistent with the uses contemplated by the grant of the easement, and the owner of the servient estate shall not engage in an activity or cause to be present any objects ...
A solar easement is viewed as a negative easement because it prohibits property owners from using their property in a way that prevents sun from reaching a solar energy system on a neighboring property.