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.
The Massachusetts Grant of Solar Easement is a legal agreement that allows property owners to grant specific rights related to solar access to another party. It ensures that the owner of a property that benefits from optimal sunlight exposure for solar energy purposes can maintain access to this valuable resource without interference from any structures or obstructions that could potentially shade the solar panels or solar collectors. Keywords: Massachusetts Grant of Solar Easement, legal agreement, property owners, solar access, sunlight exposure, solar energy, structures, obstructions, shading, solar panels, solar collectors. There are two main types of Massachusetts Grant of Solar Easement: 1. Affirmative Solar Easement: This type of easement grants the rights to the property owner to enjoy uninterrupted access to sunlight without any obstacles. It prevents neighboring properties from erecting buildings or structures that would obstruct the sunlight necessary for the optimal functioning of solar energy systems. The property owner can also specify the height restrictions for any potential obstructions in order to safeguard the solar access. 2. Negative Solar Easement: In this type of easement, the property owner grants the right to a neighboring property to deprive light or solar access. This means that the owner of the serving property can erect structures or objects that partially or completely shade the solar panels or collectors on the property with the dominant easement. The dominant property owner must ensure that their development plans adhere to the agreed-upon terms of the easement. Both types of easements are binding legal agreements ensuring solar access rights. These agreements are usually created in writing to clearly outline the terms and conditions for both parties involved and to provide legal protection in case of any future disputes. It is essential for property owners to consult with legal professionals who specialize in real estate law to draft and execute a Massachusetts Grant of Solar Easement.
