Solar Easements

Last updated: August 28, 2018

Program Overview

Implementing Sector:State
Category:Regulatory Policy
State:Virginia
Incentive Type:Solar/Wind Access Policy
Eligible Renewable/Other Technologies:Solar - Passive, Solar Water Heat, Solar Space Heat, Solar Photovoltaics, Solar Pool Heating

Authorities

Name:Va. Code § 55-352 et seq.
Date Enacted:1978

Summary

Virginia's solar easement law is similar to those in effect in other states. The Virginia Solar Easements Act of 1978 allows property owners to create binding solar easements for the purpose of protecting and maintaining proper access to sunlight. Easements must be executed in writing and must include:

  • The vertical and horizontal angles, expressed in degrees, at which the solar easement extends over the real property subject to the solar easement;
  • Any terms or conditions or both under which the solar easement is granted or will be terminated; and
  • Any provisions for compensation of the owner of the property subject to the solar easement.

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