RIGHTS TO SUN LIGHT!

02.14.08

NPR had a news story this week about a property owner who won a decision that will require an abutting property owner to cut down at least 2 trees that had grown up and blocked sunlight from reach photovoltaic solar panels on the complainant’s property.

This happened in California where there is a little known law that allowed this decision to be given. It was the first test of the law since it had been put on the books some years ago. As there are more trees on the neighbor’s property that will continue to grow, more trees may have to be cut down in future years. This was the first time the law had been used, but as this news spreads, it may well start others. An interesting point is that the solar panels were installed after the trees had been planted. There are no other states that I am aware of that have any similar statutes on the books.

With more and more emphasis being placed on alternative energy sources, with sun "power" being right up at the top, with wind power, will this be an issue that will spread to other States in the future?

As trees grow, there will inevitably be similar problems arising between neighbors, when one installs solar or wind power generating components which might be affected by such tree growth. Right now, there is nothing one property owner can do to "preserve" access to sun and/or wind, if it was desirable to have such access. It is highly unlikely we will see such ordinances any time soon in the Northeast, but it poses an interesting opportunity for any land seller, who could put such a "rights to sun light or wind exposure" clause in any land that might be divisible in the future!


©2008, R. Leech features