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Solar Easement - Georgia

OFFICIAL CODE OF GEORGIA

TITLE 44.  PROPERTY  
CHAPTER 9.  EASEMENTS  
ARTICLE 2.  SOLAR EASEMENTS 
O.C.G.A. § 44-9-21 (2009)

 
§ 44-9-21. Legislative findings and declaration of policy 

The General Assembly finds that the use of solar energy in this state can help reduce the nation's reliance upon imported fuels and that solar energy development should, therefore, be encouraged. The General Assembly further finds that, as the use of solar energy devices increases, the possibility of future shading of such devices by buildings or vegetation will also increase. Therefore, the General Assembly declares that solar easements may be established to allow the owner of a solar energy device to negotiate for assurance of continued access to sunlight.

 § 44-9-22. Establishment of solar easements 

Any easement obtained for the purpose of ensuring the exposure of a solar energy device shall be created in writing and shall be subject to the same requirements of conveyance and recording as other easements.

 § 44-9-23. Contents of solar easements 

Any instrument creating a solar easement shall include, but shall not be limited to:

   (1) A definite and certain description of the airspace affected by such easement; and

   (2) Any terms or conditions or both under which the solar easement is granted or will be terminated.

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