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RSA 477:50 · Creation of a Solar Skyspace Easement

Title: XLVIII: CONVEYANCES AND MORTGAGES OF REALTY
Chapter: 477 · CONVEYANCES OF REALTY AND INTERESTS THEREIN
Status: current
Official source linked: Yes

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477:50 Creation of a Solar Skyspace Easement. –

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A solar skyspace easement may be acquired and transferred and shall be recorded in the same manner as any other conveyance of an interest in real property. The easement shall run with the land benefited and burdened and shall terminate upon the conditions stated in the instrument creating the easement or upon court decree based upon abandonment or changed conditions or as provided in RSA 477:26; provided, however, that no planning board may require a landowner to grant an easement.

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II.

An instrument creating a solar skyspace easement shall include, but not be limited to:

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(a)

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 3-dimensional space, or the place and times of day in which an obstruction to solar energy is prohibited or limited;

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(b)

Terms or conditions under which the easement is granted or shall be terminated;

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(c)

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

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(d)

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.

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III.

A solar skyspace easement shall not terminate within 10 years after its creation unless an earlier termination is expressly stated in the instrument or is otherwise negotiated by the owners of the benefited and burdened land. The easement may be enforced by proceedings in equity and by actions at law for damages. Source. 1985, 369:3, eff. Aug. 17, 1985.

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Source note

Source. 1985, 369:3, eff. Aug. 17, 1985.

Source history

1985, 369:3, eff. Aug. 17, 1985

Related materials

Bill relationships

2026 HB1135 amend
RSA 477:33 to read as follows: [No Prescription Against the Public ] Adverse Possession and Prescriptive Easements; Limitation 2 New Section; Private Roads and Trails. Amend RSA 477 by inserting after section 34 the following new section: 477:34-a Private Roads and Trails. I. The use of a landowner’s roads, ways, driveways, or trails, by any person or the public, regardless of duration, sha
2026 HB1606 amend · effective 2027-01-01
1 Short Title. This act may be known as and cited to as the "New Hampshire Real Property Security Act." 2 New Subdivision; New Hampshire Real Property Security Act. Amend RSA 477 by inserting after section 22-f the following new subdivision: New Hampshire Real Property Security Act 477:22-g Purpose Statement. The general court finds that nationals of the People's Republic of China (PRC), e
2026 HB1606-FN amend · effective 2027-01-01
1 Short Title. This act may be known as and cited to as the "New Hampshire Real Property Security Act." 2 New Subdivision; New Hampshire Real Property Security Act. Amend RSA 477 by inserting after section 22-f the following new subdivision: New Hampshire Real Property Security Act 477:22-g Purpose Statement. The general court finds that nationals of the People's Republic of China (PRC), e
2026 SB162 amend · effective 2026-01-01
and House of Representatives in General Court convened: 1 New Subdivision; Ownership or Lease of Real Property by Foreign Principals from Foreign Countries of Concern. Amend RSA 477 by inserting after section 477:22-a the following new subdivision: Ownership or Lease of Real Property by Foreign Principals from Foreign Countries of Concern 477:22-b Definitions. In this subdivision: I. "Company
2026 SB162-FN amend · effective 2026-01-01
and House of Representatives in General Court convened: 1 New Subdivision; Ownership or Lease of Real Property by Foreign Principals from Foreign Countries of Concern. Amend RSA 477 by inserting after section 477:22-a the following new subdivision: Ownership or Lease of Real Property by Foreign Principals from Foreign Countries of Concern 477:22-b Definitions. In this subdivision: I. "Company
2025 HB2 amend
Effective Date. Section 344 of this act shall take effect 60 days after its passage. 141:346 New Subdivision; Ownership or Lease of Real Property by Foreign Principals from Foreign Countries of Concern. Amend RSA 477 by inserting after section 477:22-a the following new subdivision: Ownership or Lease of Real Property by Foreign Principals from Foreign Countries of Concern 477:22-b Definitions. In this subdivision: I. "Com