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 Michigan Grant of Solar Easement is a legal agreement that allows for the passage of sunlight over a property owner's land to ensure uninterrupted solar access for a solar energy system. This easement serves as a legal document to protect the solar resource of a property. In Michigan, there are primarily two types of Grant of Solar Easement: express easements and implied easements. Express Easements: 1. Voluntary Grant: This type of easement occurs when a property owner voluntarily grants the right to receive sunlight to another property owner or entity. It typically involves a written agreement that specifies the terms and conditions of the easement. 2. Easement by Reservation: In some cases, the property owner may reserve the right to receive sunlight from other properties, even if the solar system is not in place at the time of the reservation. This type of easement can be created during land subdivision or property transfer. Implied Easements: 1. Easement by Prior Use: If there has been a long-standing, continuous use of a particular portion of the property for solar access before it was divided, an easement may be implied. This can occur when a property is conveyed but fails to explicitly mention the necessary easement, yet the solar access has been previously established. 2. Easement by Necessity: This type of easement arises when one property owner's land is completely surrounded by other properties, making it practically impossible to access sunlight for a solar energy system without crossing neighboring properties. The purpose of the Michigan Grant of Solar Easement is to protect solar access rights and prevent shading or obstruction by adjacent structures, trees, or natural landscape features. It ensures the continuous exposure of the solar panel or system to sunlight, maximizing its efficiency and energy generation potential. Property owners seeking to establish a Grant of Solar Easement in Michigan should consult with legal professionals well-versed in property law and solar energy regulations in the state. These experts can prepare the necessary legal documents, including the easement agreement, and provide guidance on the rights and responsibilities of both parties involved.The Michigan Grant of Solar Easement is a legal agreement that allows for the passage of sunlight over a property owner's land to ensure uninterrupted solar access for a solar energy system. This easement serves as a legal document to protect the solar resource of a property. In Michigan, there are primarily two types of Grant of Solar Easement: express easements and implied easements. Express Easements: 1. Voluntary Grant: This type of easement occurs when a property owner voluntarily grants the right to receive sunlight to another property owner or entity. It typically involves a written agreement that specifies the terms and conditions of the easement. 2. Easement by Reservation: In some cases, the property owner may reserve the right to receive sunlight from other properties, even if the solar system is not in place at the time of the reservation. This type of easement can be created during land subdivision or property transfer. Implied Easements: 1. Easement by Prior Use: If there has been a long-standing, continuous use of a particular portion of the property for solar access before it was divided, an easement may be implied. This can occur when a property is conveyed but fails to explicitly mention the necessary easement, yet the solar access has been previously established. 2. Easement by Necessity: This type of easement arises when one property owner's land is completely surrounded by other properties, making it practically impossible to access sunlight for a solar energy system without crossing neighboring properties. The purpose of the Michigan Grant of Solar Easement is to protect solar access rights and prevent shading or obstruction by adjacent structures, trees, or natural landscape features. It ensures the continuous exposure of the solar panel or system to sunlight, maximizing its efficiency and energy generation potential. Property owners seeking to establish a Grant of Solar Easement in Michigan should consult with legal professionals well-versed in property law and solar energy regulations in the state. These experts can prepare the necessary legal documents, including the easement agreement, and provide guidance on the rights and responsibilities of both parties involved.
