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.
A South Dakota Grant of Solar Easement is a legal document that grants the right to access sunlight for solar energy purposes. It allows solar energy system owners or operators to secure the unobstructed access to sunlight on their property, ensuring maximum efficiency and effectiveness of their solar panels or other solar equipment. In South Dakota, there are two main types of Grant of Solar Easement, namely "Voluntary Solar Easement" and "Compulsory Solar Easement." 1. Voluntary Solar Easement: This type of easement is entered into willingly by the parties involved, generally between the property owner granting the easement (the granter) and the owner of the neighboring property (the grantee). It is a cooperative agreement that ensures the granter's access to sunlight won't be obstructed by trees, buildings, or other structures on the grantee's land. The granter specifies the terms and conditions, including the duration of the easement, any compensation, and potential limitations on the grantee's future construction that could cast shadows on the granter's solar energy system. 2. Compulsory Solar Easement: In certain circumstances, when an adjacent property owner is unwilling to grant a voluntary solar easement, South Dakota state law allows for the creation of a compulsory solar easement. This type of easement is established through a legal process to protect the sunlight access of the granter's solar energy system. The concerned property owner (granter) would need to prove to the court that they have made reasonable efforts to secure a voluntary easement but were unsuccessful. If successful, the court will then establish the terms and conditions of the compulsory solar easement, ensuring the granter's solar energy system remains unobstructed. By obtaining a South Dakota Grant of Solar Easement, property owners investing in solar energy systems can safeguard their access to sunlight and guarantee optimal performance for their renewable energy setups. Such easements are crucial for maintaining the viability and sustainability of solar installations in South Dakota, where solar energy is increasingly recognized as an important component of the state's clean energy future.
