57-13-2 - Creation of solar easement -- Writing required -- Contents -- Enforcement.
57-13-2. Creation of solar easement -- Writing required -- Contents --Enforcement.
(1) Any property owner may grant a solar easement in the same manner and with the sameeffect as a conveyance of an interest in real property. The easements shall be created in writingand shall be filed, duly recorded and indexed in the office of the recorder of the county in whichthe easement is granted. Such easements shall run with the land or lands benefited and burdenedand shall constitute a perpetual easement, except that a solar easement may terminate upon theconditions stated herein.
(2) Any deed, will, or other instrument that creates a solar easement shall include, but thecontents need not be limited to:
(a) a description of the real property subject to the solar easement and a description of thereal property benefiting from the solar easement;
(b) a description of the vertical and horizontal angles, expressed in degrees and measuredfrom the site of the solar energy system, at which the solar easement extends over the realproperty subject to the solar easement, or any other description which defines the threedimensional space, or the place and times of day in which an obstruction to direct sunlight isprohibited or limited;
(c) any terms or conditions under which the solar easement is granted or may beterminated;
(d) any provisions for compensation of the owner of the real property benefiting from thesolar easement in the event of interference with the enjoyment of the solar easement, orcompensation of the owner of the real property subject to the solar easement, or compensation ofthe owner of the real property subject to the solar easement for maintaining the solar easement;and
(e) any other provisions necessary or desirable to execute the instrument.
(3) A solar easement may be enforced by injunction or proceedings in injunction or othercivil action.
Enacted by Chapter 82, 1979 General Session