If you install solar panels on your property, the sunlight you need must pass through the airspace of your neighbors. This is because the United States does not receive sunlight from directly overhead. Ensuring you have access to sunlight for solar energy purposes means your neighbors will be restricted in the way they use their land.
There are a number of ways you can gain and protect access to sunlight:
Some examples of statutory provisions for solar access easements include:
If a neighbor complains of glare being created from solar panels on your property, they may be able to sue you for damages. In order for your neighbor to win a claim against you, they would have to show they suffered serious interference from the reflected glare.
An attorney experienced in real estate and property law can advise you of the laws and regulations in your area that restrict or promote access to solar energy. A lawyer can also help you draft an agreement with a neighbor providing you access to sunlight.
Last Modified: 11-13-2013 10:55 AM PSTLaw Library Disclaimer
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