Solar Easement Agreement (CA)
This form is an agreement that creates a solar easement under California law. Solar easements are voluntary agreements between one or more neighboring property owners that prevent a property owner from using their property in a manner that would prevent sunlight from reaching a solar energy system located on an adjacent property. This solar easement may be used when the grantor wishes to grant a solar easement independent of a conveyance of real property. A separate grant of an easement may be desirable however even when the grantor is also making a simultaneous conveyance of the dominant tenement to the same grantee. This form provides for the inclusion of recording information and a certificate of acknowledgment. Since both spouses must join in executing any instrument by which community real property or any interest in such property is sold, conveyed, encumbered, or leased for a period of more than one year, the solar easement agreement provides for spousal acknowledgement. Also, every conveyance of real property that is acknowledged (or proved), certified, and recorded constitutes constructive notice of its contents to subsequent purchasers and mortgagees. Consequently, this form also provides for the inclusion of recording information and a certificate of acknowledgment. Solar easements are an effective tool when considering the overall solar energy development strategy.
See our blog post "How Do You Protect Solar Systems From Financial Loss Due to Shading From New Developments or Trees and Shrubs on Adjacent Properties?" for more information about this important topic.