Why Maryland Homeowners should negotiate a solar easement
There was a story in the local news recently about a homeowner who is building a three-story addition to their home located in a neighborhood with mostly single-story homes. The addition consists of a massive wall to the Southeast of the adjacent property, which blocks a substantial amount of sunlight. The height of the addition is actually allowed under current zoning regulations, but it turns out that it doesn't meet the required eight-foot setback from the side property line. But even with required minimum setback, the addition would still cast a considerable amount of shade on the neighboring property.
I'm all for having the freedom to build how you want on your own property, but it got me wondering if there were any way the neighbors unfortunate situation could have been prevented and what homebuyers should be looking out for when shopping in non-HOA neighborhoods with few building restrictions.
This prompted me to look into how one can protect access to sunlight on their property, and I realized that a solar easement is just the tool for this.
What is a solar easement?
A solar easement is a voluntary agreement between property owners that sets limits on structures and shade trees which could block sunlight on the property in question. It also defines
In Maryland, the real property code states that a solar easement:
Limits the use of the land to preserve the receipt of sunlight across the land for the use of a property owner’s solar collector system.
The code defines a solar collector system as:
a solar collector or other solar energy device, the primary purpose of which is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating, space cooling, or water heating.
The solar easement must also include:
A description of the dimensions of the solar easement expressed in measurable terms, including vertical or horizontal angles measured in degrees or the hours of the day on specified dates when direct sunlight to a specified surface of a solar collector system may not be obstructed;
This means that the photovoltaic panels (commonly referred to as "solar panels") that generate electricity are not the only devices that qualify as a "solar collector system". A window that allows winter sunlight to enter and heat high thermal mass materials (e.g. brick, stone, concrete, clay plaster, ceramic tile) inside a home is an effective way to capture and distribute heat, and should also qualify under this definition, as would a sunroom or attached greenhouse.
In Virginia, The Virginia Solar Easements act similarly allows for the creation of solar easements between homeowners.
How is a solar easement negotiated in Maryland?
Some homeowners may have no issues with agreeing to a solar easement, especially if they have no intention of building any structures or planting tall trees near the neighbors property. Others may be hesitant to agree to an easement that limits their ability to build in the future. As compensation, the one seeking the easement can offer a one-time or ongoing payment to their neighbor, or they can agree to something like paying for yearly tree trimming costs.
Maintaining a good relationship with your neighbor and understanding what they value will help you to come up with a win-win scenario that you can both benefit from.
A solar easement can protect the future value of your home
What makes the solar easement powerful is that is recorded in the county records and "runs with the land", meaning that when the property is sold in the future, the new owner would inherit the right to unimpeded sunlight on their property according to the terms of the agreement.
This is especially valuable in older neighborhoods with no homeowner's association. In these areas which are ripe for redevelopment, it's not uncommon to see 2,000 sqft homes replaced by 5,000+ sqft homes on lots that are under two-tenths of an acre. When large homes are built in close proximity to neighbors and are located to the South, East, or West, they can cast a consider amount of shade, especially during the winter when the sun is lower on the horizon and daylight is shorter.
A savvy home buyer who prioritizes energy efficiency, natural light in their homes, would be reassured knowing that a solar easement is in place. And of course you would prevent the unfortunate situation of a next-door neighbor building a massive addition that casts shade over the house and a large section of the yard.
Key Takeaways
The main lesson I took from this story is that I should never take access to sunlight for granted, not only for the enjoyment of a home, but for overall health and well-being.
In the northern hemisphere, tall structures and evergreen trees to the south will block the most sunlight during the winter months, so identify any areas that could become shaded out.
Check the the maximum building height allowed in your neighborhood as well as the minimum setback requirements from front, back, and side property lines.
Be proactive and negotiate a solar easement with your neighbors in order to protect solar access into the future.