§ 34-40-2 - Creation of solar easements.
SECTION 34-40-2
§ 34-40-2 Creation of solar easements.– (a) Any property owner may grant a solar easement in the same manner and withthe same effect as a conveyance of an interest in real property. The solareasements shall be created in writing and shall be subject to the sameconveyancing and instrument recording requirements as any other instrumentaffecting the title of real property. The solar easements shall run with theland or lands benefited and burdened and shall constitute a perpetual easement,absent any terms and/or conditions under which the solar easement is granted ormay be terminated.
(b) Any instrument creating a solar easement shall includebut not be limited to:
(1) A description of the real property subject to the solareasement and a description of the real property benefiting from the solareasement;
(2) A description of the vertical and horizontal angles,expressed in degrees and measured from the site of the solar energy system, atwhich the solar easement extends over the real property subject to the solareasement, or any other description which defines the three-dimensional space,or the place in which and times of day during which an obstruction to directsunlight is prohibited or limited;
(3) Any terms and/or conditions under which the solareasement is granted or may be terminated;
(4) Any provisions for compensation of the owner of theproperty benefiting from the solar easement in the event of interference withthe enjoyment of the provisions of the solar easement, or any provisions forcompensation of the owner of the property subject to the solar easement formaintaining the easement.