564A.7 Solar access easements.
1. Persons, including public bodies, may voluntarily agree to create a solar access easement. A solar access easement whether obtained voluntarily or pursuant to the order of a solar access regulatory board is subject to the same recording and conveyance requirements as other easements.
2. A solar access easement shall be created in writing and shall include the following:
a. The legal description of the dominant and servient estates.
b. A legal description of the space which must remain unobstructed expressed in terms of the degrees of the vertical and horizontal angles through which the solar access easement extends over the burdened property and the points from which these angles are measured.
3. In addition to the items required in subsection 2 the solar access easement may include, but the contents are not limited to, the following:
a. Any limitations on the growth of existing and future vegetation or the height of buildings or other potential obstructions of the solar collector.
b. Terms or conditions under which the solar access easement may be abandoned or terminated.
c. Provisions for compensating the owner of the property benefiting from the solar access easement in the event of interference with the enjoyment of the solar access easement, or for compensating the owner of the property subject to the solar access easement for maintaining that easement.
[81 Acts, ch 184, §9]
Referred to in §564A.2
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