Solar easements and easements for light, air, and view may be created by conveyance, reservation in a deed, or by agreement. In the absence of such an easement, the owner of land has no legal right to have light and air unobstructed by buildings on the adjoining land. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
The Arizona Grant of Solar Easement is a legal document that allows property owners to grant solar easements to other individuals or entities, ensuring that their access to sunlight is protected for solar energy purposes. This Grant of Solar Easement provides a comprehensive framework for establishing the rights and obligations of both parties involved. Solar easements are particularly crucial in Arizona due to its abundant sunshine and the significant role of solar energy in the state. By granting a solar easement, property owners can directly support the growth and utilization of solar power by enabling others to capture sunlight without the risk of obstruction. One type of Arizona Grant of Solar Easement is the Express Grant of Solar Easement. This type is explicitly written and executed, ensuring the clear intention of both the granter (property owner) and grantee (the solar energy system recipient) in the agreement. This form of easement is recommended as it provides a definite and easily enforceable legal framework. Another type is the Implied Grant of Solar Easement, which can arise through circumstances or actions that imply the existence of an easement, simply based on the nature of the property or the surrounding context. However, it is important to note that an implied grant of easement may not offer the same level of clarity and enforceability as an express grant. The Arizona Grant of Solar Easement typically includes detailed information about the location and dimensions of the easement area, as well as restrictions on future activities that could obstruct sunlight to the solar energy system. It also outlines the rights of both parties, such as the property owner's right to maintain or alter structures on the property and the grantee's right to access and utilize sunlight for their solar energy system. To ensure the validity and enforceability of the Arizona Grant of Solar Easement, it is essential to consult with an experienced attorney familiar with the state's laws and regulations regarding solar easements. This legal professional will guide both parties through the drafting and execution process, ensuring that all necessary elements and language are included for a legally binding agreement. In summary, the Arizona Grant of Solar Easement is a valuable legal tool that allows property owners to grant others the right to access sunlight for solar energy purposes. With the help of express or implied grants, individuals can contribute to the growth of solar power while protecting their access to sunlight. Collaborating with an attorney specializing in solar easements is highly recommended ensuring the validity and enforceability of the agreement.
