Solar Easements protect the ability of one property to continue to receive sunlight across property lines without obstruction from another property, and are the prevalent method of assuring solar access. Since a landowner owns at least as much of the air space above the ground as he can occupy or use in connection with the land, he has the right to grant an easement for light within that airspace.
Authority for Solar Easements
704.07 Solar easements; creation; remedies.–
(1) Easements obtained for the purpose of maintaining exposure of a solar energy device shall be created in writing and shall be subject to being recorded and indexed in the same manner as any other instrument affecting the title to real property. Solar easements may be preserved and protected from extinguishment by the filing of a notice in the form and in accordance with the provisions set forth in ss. 712.05 and 712.06.
(2) In addition to fulfilling the requirements of law relating to conveyance of interests in land, the instrument creating the solar easement shall include:
(a) A description of the properties, servient and dominant.
(b) The vertical and horizontal angles, expressed in degrees, at which the solar easement extends over the real property subject to the solar easement.
(c) A description of where the easement falls across the servient property in relation to existing boundaries and various setbacks established by the local zoning authority.
(d) The point on the dominant property from where the angles describing the solar easement are to be measured.
(e) Terms or conditions under which the solar easement is granted or will terminate.
(f) Any provisions for compensation of the owner of the property benefiting from the solar easement in the event of interference with the enjoyment of the solar easement or compensation of the owner of the property subject to the solar easement for maintaining the solar easement.
(3) No structure under construction on October 1, 1978, shall be subject to any solar easement recorded pursuant to this section.