Solar Easements

North Dakota's solar easement law is similar to those established by many other states. The law allows a property owner to obtain a solar easement from another property owner for the purpose of ensuring adequate exposure of a solar energy system to sunlight. A solar easement must include:

• The vertical and horizontal angles, expressed in degrees, at which the solar easement extends over the real property subject to the solar easement;
• Any terms, conditions, or both under which the solar easement is granted or will be terminated; and
• 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.

Solar easements must be created in writing and are subject to the same conveyancing and instrument recording requirements as other easements.