TITLE 55

PROPERTY IN GENERAL

CHAPTER 6

TRANSFER OF REAL PROPERTY

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.]