Washington Grant of Solar Easement

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Multi-State
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US-01171BG
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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

Prescriptive easements ? To obtain a prescriptive easement in Washington, one property owner must openly, hostilely, and continuously use part of another's land for 10 years without permission. The laws for establishing a prescriptive easement are almost the same as the requirements for establishing adverse possession.

An owner, or one entitled to the beneficial use, of land which is so situate with respect to the land of another that it is necessary for its proper use and enjoyment to have and maintain a private way of necessity or to construct and maintain any drain, flume or ditch, on, across, over or through the land of such ...

A prescriptive easement is established by a claimant's well-established, long-term use of another's land. Under the common law, the word ?prescription? means obtaining a right to something by using and enjoying it for a period set by statute.

The implied easement arises by inference of law when certain facts concerning the conveyance of land are found by the court.

An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.

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.

An easement provides a person, company or authority the right to access or use a portion of land owned by another. Most easements are required by service providers (water, gas, electricity, etc.) to protect local infrastructure and enable access for maintenance and repairs.

RCW 64.38. 055, commonly referred to as the Washington Solar Rights Law, prohibits HOAs from blocking solar panel installations that meet ?applicable health and safety standards and requirements imposed by state and local permitting authorities.?

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Washington Grant of Solar Easement