Section 477:50 Creation of a Solar Skyspace Easement.
I. A solar skyspace easement may be acquired and transferred and shall be recorded in the same manner as any other conveyance of an interest in real property. The easement shall run with the land benefited and burdened and shall terminate upon the conditions stated in the instrument creating the easement or upon court decree based upon abandonment or changed conditions or as provided in RSA 477:26; provided, however, that no planning board may require a landowner to grant an easement.
II. An instrument creating a solar skyspace easement shall include, but not be limited to:
(a) A description of the vertical and horizontal angles, expressed in degrees and measured from the site of the solar energy system, at which the solar skyspace easement extends over the real property subject to the solar skyspace easement, or any other description which describes the 3-dimensional space, or the place and times of day in which an obstruction to solar energy is prohibited or limited;
(b) Terms or conditions under which the easement is granted or shall be terminated;
(c) Provisions for compensation of the benefited landowner in the event of interference with the enjoyment of the easement or compensation of the burdened landowner for maintaining the easement; and
(d) A description of the real property subject to the solar skyspace easement and a description of the real property benefiting from the solar skyspace easement.
III. A solar skyspace easement shall not terminate within 10 years after its creation unless an earlier termination is expressly stated in the instrument or is otherwise negotiated by the owners of the benefited and burdened land. The easement may be enforced by proceedings in equity and by actions at law for damages.
Source. 1985, 369:3, eff. Aug. 17, 1985.