Virginia Solar Easements

Summary

Virginia's solar easement law is similar to those in effect in other states. The Virginia Solar Easements Act of 1978 allows property owners to create binding solar easements for the purpose of protecting and maintaining proper access to sunlight. Easements must be executed in writing and must include:

• The vertical and horizontal angles, expressed in degrees, at which the solar easement extends over the real property subject to the solar easement;
• Any terms or conditions or both under which the solar easement is granted or will be terminated; and
• Any provisions for compensation of the owner of the property subject to the solar easement.