Utah Grant of Solar Easement

State:
Multi-State
Control #:
US-01171BG
Format:
Word; 
Rich Text
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Description

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.

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FAQ

The notice is probably in the form of a pre-condemnation survey letter or an easement offer. Please remember that this offer is a perpetual easement, meaning they live on forever.

In perpetuity means forever. For example, someone may have the right to receive the profits from land in perpetuity. The term is also commonly used in the context of copyright. A perpetual copyright grants one the right to use the copyright indefinitely.

A perpetual lease is one that contains a provision that allows a tenant to renew their lease at the end of every lease term. This means that if the terms are unfavorable for the landlord, they will continue to be as such, ing to the lease.

Section 57-13a-102 - Prescriptive easement for water conveyance (1) A prescriptive easement may be established if a water user has maintained a water conveyance for a period of 20 years during which the use has been: (a) continuous; (b) open and notorious; and (c) adverse.

An easement appurtenant "runs with the land." This means that: ? The easement becomes a part of the land itself (the dominant estate). ? If the owner of the DOMINANT ESTATE dies or sells the property, the easement remains with the dominant estate.

An easement usually is written so that it lasts forever. This is known as a perpetual easement. Where state law allows, an easement may be written for a specified period of years; this is known as a term easement. Only gifts of perpetual easement, however, can qualify a donor for income- and estate-tax benefits.

An easement is an interest in land belonging to another person, so that the easement owner has a limited right to use or enjoy the other person's property. Common easements include rights of way for access, or the right to cross property (including easements for utility service or water conveyance).

A solar easement is viewed as a negative easement because it prohibits property owners from using their property in a way that prevents sun from reaching a solar energy system on a neighboring property.

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Utah Grant of Solar Easement