55-615. SOLAR EASEMENTS. (1) An easement, as defined in section 50-1301, Idaho Code, may be obtained for the purpose of exposure of a solar energy device to sunlight. Such easement shall be known as a solar easement, shall be created in writing, and shall be subject to the same conveyancing and instrument recording requirements as other easements.
(2) Any instrument creating a solar easement shall include, but the contents shall not be limited to:
(a) The vertical and horizontal angles, expressed in degrees, at which the solar easement extends over the real property subject to the solar easement;
(b) Any terms or conditions or both under which the solar easement is granted or will be terminated;
(c) 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) A solar easement shall be presumed to be attached to the real property on which it was first created, and shall be deemed to pass with the property when title is transferred to another owner as prescribed in section 55-603, Idaho Code.
History:
[55-615, added 1978, ch. 294, sec. 1, p. 741.]
Structure Idaho Code
Title 55 - PROPERTY IN GENERAL
Chapter 6 - TRANSFER OF REAL PROPERTY
Section 55-601 - CONVEYANCE — HOW MADE.
Section 55-602 - CONVEYANCE BY ATTORNEY IN FACT.
Section 55-603 - EASEMENTS PASS WITH PROPERTY — EASEMENTS IN GROSS OF A COMMERCIAL CHARACTER.
Section 55-604 - FEE PRESUMED TO PASS.
Section 55-605 - ACQUISITION OF SUBSEQUENT TITLE BY GRANTOR.
Section 55-606 - CONCLUSIVENESS OF CONVEYANCE — BONA FIDE PURCHASERS.
Section 55-607 - UNAUTHORIZED GRANT BY LIFE TENANT.
Section 55-608 - DEFEAT OF GRANT ON CONDITION SUBSEQUENT.
Section 55-609 - GRANT ON CONDITION PRECEDENT.
Section 55-610 - GRANT OF RENTS, REVERSIONS, OR REMAINDERS.
Section 55-611 - GRANT OF LAND BOUNDED BY HIGHWAY.
Section 55-612 - COVENANTS IMPLIED FROM GRANT.
Section 55-613 - ENCUMBRANCES DEFINED.
Section 55-614 - LINEAL AND COLLATERAL WARRANTIES ABOLISHED.
Section 55-615 - SOLAR EASEMENTS.
Section 55-616 - PROHIBITION AND REMOVAL OF RESTRICTIVE COVENANTS.
Section 55-617 - APPURTENANT WATER RIGHTS AND WATER ENTITLEMENTS AND OBLIGATIONS PASS WITH PROPERTY.