Solar Laws Solar Easement

Summary of CALIFORNIA CIVIL CODE SECTION 801.5 for more information go click on solar laws.
(a) The right of receiving sunlight as specified in subdivision 18 of Section 801 shall be referred
to as a solar easement. “Solar easement” means the right of receiving sunlight across real
property of another for any solar energy system.
As used in this section, “solar energy system” means either of the following:
(1) Any solar collector or other solar energy device whose primary purpose is to provide for
the collection, storage, and distribution of solar energy for space heating, space cooling, electric
generation, or water heating.

(2) Any structural design feature of a building, whose primary purpose is to provide for the
collection, storage, and distribution of solar energy for electricity generation, space heating or
cooling, or for water heating.

(b) Any instrument creating a solar easement shall include, at a minimum, all of the following:

(1) A description of the dimensions of the easement expressed in measurable terms, such as
vertical or horizontal angles measured in degrees, or the hours of the day on specified dates
during which direct sunlight to a specified surface of a solar collector, device, or structural
design feature may not be obstructed, or a combination of these descriptions.

Solar Rights Act
Energy Policy Initiatives Center 26

(2) The restrictions placed upon vegetation, structures, and other objects that would impair or
obstruct the passage of sunlight through the easement.

(3) The terms or conditions, if any, under which the easement may be revised or terminated.

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