NY State — NY Real Property Law

§ 335-B — SECTION 335-B Recording of solar energy easements

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Statute text reproduced from nysenate.gov. Not attorney-reviewed for your situation — for reference only.

What is NY RPL § 335-B?

Quick Answer

This section outlines the requirements for recording solar energy easements, including the need for a written instrument that specifies angles, terms, and compensation provisions. The statute ensures that solar energy easements are treated similarly to other easements in terms of conveyancing and recording. Applies to property owners involved in solar energy easements.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 335-B SECTION 335-B Recording of solar energy easements

RPL § 335-B

§ 335-b. Recording of solar energy easements.

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

2.Any instrument creating a solar energy easement shall include, but the contents shall not be limited to:

(a)The vertical and horizontal angles, expressed in degrees, at which the solar energy easement extends over the real property subject to the solar energy easement.

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

(c)Any provisions for compensation of the owner of the property benefiting from the solar energy easement in the event of interference with the enjoyment of the solar energy easement or compensation of the owner of the property subject to the solar energy easement for maintaining the solar energy easement.

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