California Grant of Solar Easement

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Multi-State
Control #:
US-01171BG
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Word; 
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Description

Solar easements and easements for light, air, and view may be created by conveyance, reservation in a deed, or by agreement. In the absence of such an easement, the owner of land has no legal right to have light and air unobstructed by buildings on the adjoining land. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

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.

California's solar access laws appear in the state's Civil, Government, Health and Safety, and Public Resources Codes. California's Civil Code (801.5) ensures that neighbors may voluntarily sign solar easements to ensure that proper sunlight is available to those who operate solar energy systems. California's ...

The most significant incentive is the California Solar Initiative (CSI) program, which provides cash rebates for residential solar installations. Additionally, the federal Investment Tax Credit (ITC) 5allows homeowners to claim a percentage of their solar system costs as a tax credit.

A solar easement is a right, expressed as an easement, restriction, covenant, or condition contained in any deed, contract, or other written instrument executed by or on behalf of any landowner for the purpose of assuring adequate access to direct sunlight for solar energy systems.

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.

801.5. (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.

The Act creates a legal framework for solar access. It includes limited protections to allow consumers access to sunlight and to limit the ability of HOAs and local governments from preventing the installation of solar energy systems.

There are three basic types of solar power systems: grid-tie, off-grid, and backup power systems.

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California Grant of Solar Easement