What is a solar easement under California law?

What the Law Says

California law defines and regulates solar easements to promote solar energy use by protecting access to sunlight.

A solar easement is a type of negative easement — meaning it restricts what a neighboring landowner can do (e.g., erecting structures or planting trees) to ensure sunlight reaches a solar collector on another property.

Unlike traditional easements, solar easements are not implied or presumed; they must be created expressly in writing and recorded with the county recorder to be enforceable against future owners.

The easement must specify the vertical and horizontal angles of the sun’s path that must remain unobstructed, the dimensions and location of the solar collector, and the duration of the easement — which is presumed perpetual unless otherwise stated.

Statutory Text

‘Solar easement’ means a written instrument executed by a solar energy system owner and a property owner which grants an easement for the purpose of ensuring access to direct sunlight for the solar energy system.

— Civil Code § 801.5 — Definition

Statutory Text

A solar easement shall be created only by a written instrument signed by the grantor and grantee and recorded in the office of the county recorder of the county in which the easement is located.

— Civil Code § 801.5 — Creation and recording

Statutory Text

A solar easement shall include: (a) A description of the dimensions and location of the solar collector; (b) The vertical and horizontal angles, expressed in degrees, at which direct sunlight may be received; (c) The duration of the easement; and (d) Any terms and conditions agreed upon by the parties.

— Civil Code § 801.5 — Required contents

Sources