I have a dear friend who is the most knowledgeable, most enthusiastic proponent of solar energy – but he can’t put a system on his roof because of the lovely but very shady trees next door. And his efforts to get them trimmed back have been for naught but he *will* get there because he understands how a solar easement is put in place and how you can work around it.
What is a solar easement?
One of the biggest hinderances to solar production is shade. So, before installing a solar energy installation, you want to make sure that any solar panels on your property receive as much sunlight as possible. If you live in close proximity to a neighbor whose trees or built structures have the potential to shade your property today or in the future, it’s a good idea to consider obtaining a solar easement. (Do note: shade is *not* a deal killer – pls visit our checklist to see if you do have hinderances.)
An overview of solar easements
A solar easement allows property owners to legally protect their access to sunshine. These can be important in ensuring that your solar panel system is producing optimal levels of electricity, as shading can play a large overall role in solar electricity production and the economics of your installation.
For example, let’s say your neighbor has some trees on their property that are relatively close to your property line and roof: you may be able to obtain a solar easement from your neighbor that stipulates that their trees can only grow to a certain height before being trimmed or cut down because the height of their trees will impact the amount of sunlight hitting your solar panel installation.
Importantly, all solar easements are voluntary: even if your state or local jurisdiction allows for the creation of solar easements, your neighbor needs to agree to the easement agreement in the first place. However, property owners obtaining solar easements often negotiate by offering some sort of compensation for signing such an agreement.
Once a solar easement is enacted, it’s tied to the property. This means that, should your neighbor sell their home, the new owner would still need to abide by the original easement agreement.
What needs to be included in a solar easement?
A legally-binding solar easement needs to have a detailed description of easement and the specific area where it’s in effect. This often means including specific vertical and horizontal angles that must remain open to sunlight, or maximum heights and widths of shrubbery and buildings close to the property line. Easements can also be specific to certain times and dates during the year – for example, you may have a solar easement that’s specific to summer months when your neighbor’s trees are full of leaves.
Solar easements also list any circumstances in which said easement can be canceled or voided, and any incurred penalties for breaking the solar easement agreement.
Solar easements vs. solar access laws
These aren’t the only policy tool available to help protect a property owner’s right to sunshine; many states go a step further by having solar access laws that protect the right of property owners to install a solar energy system on their property.
If you live in a state or city with solar access laws, there are measures in place to prevent your neighbors, homeowners association (HOA), town, and more from prohibiting you to install solar panel system. However, solar access laws will vary from state to state: even if the law ensures the right for you to install solar on your property, restrictions may still be in place that can make it very difficult to do so. For instance, even if it’s illegal for your HOA to forbid you from installing solar panels, they may still specify certain installation setbacks, restrict the location of the installation, or only permit certain types of solar panel installations for aesthetic reasons.
States with solar easement policies
The following states have enacted laws that protect a property owner’s right to form a solar easement:
Arkansas
California
Colorado
Florida
Georgia
Idaho
Indiana
Iowa
Kansas
Kentucky
Maine
Maryland
Massachusetts
Minnesota
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Dakota
Ohio
Oregon
Rhode Island
South Dakota
Tennessee
Utah
Virginia
Washington
Source: DSIRE.org
If your state isn’t listed, it’s possible they offer other forms of solar protection, such as solar access laws. Additionally, your local town or city may have their own laws or policies in place to allow for solar easements.
Access solar savings where the sun is shining
So long as your property experiences an abundance of sunshine, you can save on electricity bills with solar power. We’d love to make it easy for you. Drop us a line here, let us know what is on your mind; we’ll get you any information you might need.