OFFICIAL CODE OF
TITLE
44. PROPERTY
CHAPTER 9. EASEMENTS
ARTICLE 2. SOLAR EASEMENTS
O.C.G.A. § 44-9-21 (2008)
§ 44-9-21. Legislative findings and declaration of policy
The General Assembly finds that the use of solar energy in
this state can help reduce the nation's reliance upon imported fuels and that
solar energy development should, therefore, be encouraged. The General Assembly
further finds that, as the use of solar energy devices increases, the
possibility of future shading of such devices by buildings or vegetation will
also increase. Therefore, the General Assembly declares that solar easements
may be established to allow the owner of a solar energy device to negotiate for
assurance of continued access to sunlight.
§ 44-9-22. Establishment of solar
easements
Any easement obtained for the purpose of ensuring the
exposure of a solar energy device shall be created in writing and shall be
subject to the same requirements of conveyance and recording as other
easements.
§ 44-9-23. Contents of solar easements
Any instrument creating a solar easement shall include, but
shall not be limited to:
(1) A definite and certain description of the airspace
affected by such easement; and
(2) Any terms or conditions or both under which the
solar easement is granted or will be terminated.