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47-05-01.1. Solar easement - Creation.
Any easement obtained for the purpose of exposure of a solar energy device to the direct
rays of the sun shall be created in writing and shall be subject to the same conveyancing and
instrument recording requirements as other easements. The term "solar energy device" means
the device, mechanism, or apparatus designed to receive the direct rays of the sun and convert
those rays into heat, electrical, or other form of energy for the purpose of providing heating,
cooling, or electrical power.
47-05-01.2. Solar easement - Contents.
Any instrument creating a solar easement shall include, but shall not be limited to, all of the
1. The vertical and horizontal angles, expressed in degrees, at which the solar easement
extends over the real property subject to the solar easement.
2. Any terms, conditions, or both under which the solar easement is granted or will be
3. 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.