Local Law Blogs

A Renewable Energy Facility May Require an Easement from your Neighbor

By Vincent J. Mangini

Due to high energy costs and concern about the environment (and the availability of tax credits and grants), homeowners and businesses are giving greater consideration to renewable energy.  Before undertaking the installation of a renewable energy facility, such as solar panels, it is important to conduct due diligence, which may include, among other things, the procurement of easements from neighbors to allow for unobstructed access to sunlight.  Fortunately, New Jersey specifically recognizes easements for solar energy facilities and has set forth the minimum content for such easements in the Solar Easements Act.  However, while providing useful guidelines, this statute does not require the owner of property adjoining a solar energy facility to grant a solar easement.  Rather, the prospective solar energy customer must negotiate with surrounding property owners and pay whatever consideration the market may bear.  In light of the complexities involved in negotiating the terms and conditions for such an easement agreement and in preparing the easement document, potential solar energy customers would be well advised to seek the assistance of an attorney in performing this task.

Full post as published by New Jersey Law Blog on February 16, 2010 (boomark / email).