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.
Florida Grant of Solar Easement
State:
Multi-State
Control #:
US-01171BG
Format:
Word;
Rich Text
Instant download
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How to fill out Grant Of Solar Easement?
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FAQ
Utility easements and cable easements are types of easements that attach to a property and are often 15 to 20 feet wide and allow the utility companies to use your property for a particular use.
Homeowners associations in Florida Florida Statute 163.04 forbids any binding agreement (between HOAs or otherwise) to prohibit a property owner from installing solar. An HOA may restrict where you place your solar panels, but not if the system's performance suffers as a result.
Florida is one of five states that specifically prohibit this kind of third-party ownership. People with rooftop solar, the state's logic goes, are providing a utility---and all utilities must be able to provide power 24 hours a day. Any utility unable to blast electrons into the grid on demand isn't allowed to lease.
Florida law forbids ordinances, deed restrictions, covenants, or similar binding agreements from prohibiting solar equipment use.
A property owner may not be denied permission to solar collectors or other energy devices by any entity granted the power or right in any deed restriction, covenant, declaration, or similar binding agreement to approve, forbid, control, or direct alteration of property with respect to residential dwellings and ...
Florida Statute 163.01, otherwise known as the Florida Interlocal Cooperation Act of 1969, permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and ...
While a homeowner cannot be prevented from installing a solar energy system, certain restrictions may be imposed without violating the law. However, those restrictions must be reasonable, not arbitrary, and uniformly imposed on homeowners in a subdivision.
An easement is a benefit based in land ownership, other than the sharing of profits, that gives someone the right of use or enjoyment of another person's land for a special purpose not inconsistent with the general property rights of the owner.
