Solar Easements

New Hampshire's "solar skyspace easement" provisions allow property owners to create solar easements in order to create and preserve a right to unobstructed access to solar energy. Easements remain in effect for at least 10 years, unless otherwise stated in writing. A model solar easement form is provided in New Hampshire Statutes Section 477:51.

An easement must include:

• A description of the vertical and horizontal angles, expressed in degrees and measured from the site of the solar energy system, at which the solar skyspace easement extends over the real property subject to the solar skyspace easement, or any other description which describes the three-dimensional space, or the place and times of day in which an obstruction to solar energy is prohibited or limited;
• Terms or conditions under which the easement is granted or shall be terminated;
• Provisions for compensation of the benefited landowner in the event of interference with the enjoyment of the easement or compensation of the burdened landowner for maintaining the easement; and
• A description of the real property subject to the solar skyspace easement and a description of the real property benefiting from the solar skyspace easement.