New Jersey Grant of Solar Easement

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Multi-State
Control #:
US-01171BG
Format:
Word; 
Rich Text
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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

New Jersey net metering This policy allows you to sell excess electricity back to the grid at the retail rate. This is great because the retail rate of NJ net metering is significantly higher than the wholesale rate that large power plants receive for the electricity they sell to the utility.

New Jersey offers several local solar incentives. These include: The Successor Solar Incentive (SuSI) Program: This program provides energy credits for every megawatt-hour a solar system generates. Solar Energy Sales Tax Exemption: Solar systems are exempt from the 6.625% New Jersey state sales tax on purchase.

New Jersey net metering This policy allows you to sell excess electricity back to the grid at the retail rate. This is great because the retail rate of NJ net metering is significantly higher than the wholesale rate that large power plants receive for the electricity they sell to the utility.

In New Jersey, easements can be created by prescription or extended use over a long time period. For example, if your neighbor can show that they have been using your roadway to access their landlocked piece of real estate for years, they may acquire an easement.

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.

Solar Easements: New Jersey law provides for the creation of solar easements to ensure that proper sunlight is available to those who operate solar-energy systems. The term "solar energy device" is not defined by the law, and thus could conceivably include all manner of systems or equipment that utilize solar energy.

New Jersey was one of the first states to pass a law (P.L. 2007, c. 153) that protects homeowners' right to go solar from HOA interference. The law is clear that your community association cannot completely deny your ability to a solar system.

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New Jersey Grant of Solar Easement