Full question:
My neighbor has erected an enormous solar pane (_70 feet by 10 feet) on his small property (less than 1 acre) which is _40 feet from my property line and faces my house. Realtors have stated that the value of my house has been greatly reduced. Do I have just cause to sue?
- Category: Real Property
- Subcategory: Neighbor Relations
- Date:
- State: New Jersey
Answer:
The answer will depend in part on whether there is a homeowners association, local building codes, and if there is an easement agreement.
Please see the following portion of the article here:
http://www.californiarealestatecourses.com/lawcourse/lesson4/L4S2N.htm
"Solar Easements
A relatively new area concerning easements is the right of access to the sun and its solar energy. Solar access zoning is in the planning stages in certain commercial projects as well as high-density urban centers.
The main purpose of a solar easement is to guarantee access to the rays of the sun by adjoining landowners. Solar easements are especially important to persons who own land or improvements where the main source of heat and energy to the property is generated from solar energy rather than traditional forms of heat from fossil fuels. "
California has been at the forefront of light and air easement litigation, such as beachfront properties. See also for general principles applied to easements:
http://www.californiarealestatecourses.com/lawcourse/lesson4/L4S2.htm:
http://www.californiarealestatecourses.com/lawcourse/lesson4/L4S2.htm
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
