As used in this article, unless the context otherwise requires: “Solar easement” means the right of receiving sunlight across real property for any solar energy device. Such a right may be stated in any deed, will, or other instrument executed by or on behalf of any owner of land or sky space. “Solar energy device” […]
Any easement obtained for the purpose of exposure of a solar energy device shall be created in writing and shall be subject to the same conveyancing and instrument recording requirements as other easements; except that a solar easement shall not be acquired by prescription. Source: L. 75: Entire article added, p. 1430, § 1, effective […]
Any instrument creating a solar easement shall include, but the contents shall not be limited to: A description of the vertical and horizontal angles, expressed in degrees together with any pertinent hourly, diurnal, or seasonal variations thereof, and measured from the site of the solar energy device, within which the solar easement extends over the […]
In addition to other legal remedies, injunctive relief may be available if otherwise appropriate for the enforcement of solar easements. Nothing in this section shall be construed to affect legal remedies for the enforcement of other types of easements. Source: L. 79: Entire section added, p. 1395, § 1, effective May 25.
