Solar Access & Easements in California

As solar energy adoption grows across the South Bay, the question of solar access — the availability of unobstructed sunlight to reach a building's solar collectors — has become an important property rights issue. Most solar systems require about six hours of direct sunlight per day for maximum efficiency, and passive systems are especially dependent on unobstructed rays that cannot be reflected or diffused.

Solar access often involves the airspace above adjacent properties. If a neighbor's trees grow high enough to block morning or afternoon sun, or if a new structure casts shadows, a solar system may not perform to specifications. The most practical solution is a negotiated solar easement between property owners — a recorded agreement that restricts the neighbor (and all future owners) from building or planting in ways that obstruct sunlight.

Under California law, a solar easement must include: (1) a description of the dimensions of the easement, including vertical and horizontal angles measured in degrees or hours of the day on specified dates during which direct sunlight may not be obstructed; (2) restrictions on vegetation, structures, and other objects that would impair the passage of sunlight; and (3) the terms and conditions under which the easement may be revised or terminated.

Proper recording of solar easements is critical. If an easement is not recorded, it may not appear during a title search at the time of a future sale — meaning a new owner could make structural or landscape changes that block the solar access the previous owner relied on. An unrecorded solar easement could create serious title complications and neighbor disputes.

Team Goeglein at Fidelity National Title identifies solar easements and access issues during the title search process. If your South Bay property has solar panels — or your client is considering installation — Matt Goeglein and Xavier de la Piedra IV can advise on easement requirements and ensure all agreements are properly recorded.