new building block sun light?

[dyyuan]

hello all, a 1 story hotel behind my house is being consider to be torn down and the new developer has a plan for 3 story condo / town house.

since my home is 2 stories tall, the new building would block some lights during the early hours to my existing solar panel.
(their shade study says so as well, esp during winter time, at 9am the panel are completely blocked)

i am wondering if there are anything i can do in this situation?

the neighborhood association is also against the 3-story approach, but for other reasons.
this plan will still need to get pass by the city planning committee, and i hope i have some ground (legal or urge the city of being "green") to stand on when we go argue our case.

any help is much appreciated!

CA

[SunEagle]

hello all, a 1 story hotel behind my house is being consider to be torn down and the new developer has a plan for 3 story condo / town house.

since my home is 2 stories tall, the new building would block some lights during the early hours to my existing solar panel.
(their shade study says so as well, esp during winter time, at 9am the panel are completely blocked)

i am wondering if there are anything i can do in this situation?

the neighborhood association is also against the 3-story approach, but for other reasons.
this plan will still need to get pass by the city planning committee, and i hope i have some ground (legal or urge the city of being "green") to stand on when we go argue our case.

any help is much appreciated!

CA

I don't remember where in CA it was but I believe there was a lawsuit against someone that let their trees grow big enough to block the sunlight on a neighbors solar panels. The result was to have the trees cut or trimmed.

You may want to talk to an attorney to see if there are any laws on the books about someone blocking out the sun going to an existing solar array.

[thejq]

There is something called solar right act 1978 and solar shade act 1978. Google is your friend.

[ILFE]

Could this be what he is looking for?

Page 3 of this PDF.

Solar Easement Law

A solar easement can be written up and attached to the deed of neighboring properties to legally protect your right to receive future sunlight. Such an easement can be used to address concerns regarding neighboring structural changes. New developments may be required to include a solar access easement (a deed restriction to protect solar access within a development). Local building codes regarding building height restrictions, building set back requirements relative to property lines and solar orientation relative to neighboring properties may reduce the need for an easement.

[J.P.M.]

Could this be what he is looking for?

Page 3 of this PDF.

That's got all the references but be careful to read the actual legislation - not someone's interpretation of it. Example: Some folks think your sunlight cannot be blocked by new construction/trees growing etc. That's partially true in CA in the sense that some portions of the various legislation only deal with the hours between 10 A.M. and 2 P.M. SOOO, if the OP has the potential situation of new construction blocking the sun at 0900 hrs. or so as written in the post, the law might not apply.

I'd read the legislation.

[control4userguy]

Good luck getting consent of the property owner...

[dyyuan]

Thanks all, i did find all the information online, but it was not clear at all.

Funny thing, Kurt(the author on the pdf) was actually my sales rep when i got the system, and i've emailed him.

his response was that i have "no legal recourse" which is pretty disappointing : (

[silversaver]

You defintely have the right to the sunlight, but does the new building has that much of affect to your solar production? Early morning and later afternoon were minor to solar production. For example, I have hills behind my house start from SW 220deg all the way to the North with many houses on it. They will definietly affect my later afternoon production. There is nothing I can do, but I'm not gonna worry about that.

[ILFE]

Thanks all, i did find all the information online, but it was not clear at all.

Funny thing, Kurt(the author on the pdf) was actually my sales rep when i got the system, and i've emailed him.

his response was that i have "no legal recourse" which is pretty disappointing : (

If what you found was not clear enough, and unless he (Kurt) is a lawyer, I would find a lawyer to consult to see what he / she says. Not sure about your location, but the last time i checked, the first consultation (to see if you have a case) with a lawyer, should be free, in most cases?

If he / she tells you that you have "no legal recourse", I would consider throwing in the towel at that point. This case, if it holds water at all, is best done now - before the building has been constructed. Afterward is definitely too late. Not to mention, you did say you may have allies in this case as well, the neighborhood association.

So, my advice is, don't give up just yet.

[OvertheSun]

hello all, a 1 story hotel behind my house is being consider to be torn down and the new developer has a plan for 3 story condo / town house.

since my home is 2 stories tall, the new building would block some lights during the early hours to my existing solar panel.
(their shade study says so as well, esp during winter time, at 9am the panel are completely blocked)

i am wondering if there are anything i can do in this situation?

the neighborhood association is also against the 3-story approach, but for other reasons.
this plan will still need to get pass by the city planning committee, and i hope i have some ground (legal or urge the city of being "green") to stand on when we go argue our case.

any help is much appreciated!

CA

There are several sections of CA law that provide protection/rights to homeowners. Most deal with the types of restrictions that HOAs and local governments can impose.

The right to sunlight pertains to trees and shrubs that were not there when you put in the solar. But you have to follow the notice provisions of the statute, meaning you have to send a certified letter to each neighbor who might plant such a sun-blocking tree advising them of your right, before they plant their tree. There is specific language you have to use. It is binding on subsequent purchasers and the neighbor is obligated to tell prospective buyers. If the tree was already planted before your solar, you are SOL if the tree grows too big, unless you negotiate something with the tree owner.

Another provision of CA law is the right of one party to grant an easement to another for sun, air, view, etc. You would generally negotiate a price (or other consideration) and the property owner who is installing solar pays the party that is giving up the right for the easement. So the law grants one party the right to grant/sell an easement and the other party the right to buy it. It is a property right, similar to mineral or water rights, that you sell/buy, but you don't have to, just as no one could force a property owner to allow someone else to drill for oil on your land (notwithstanding government right of eminent domain). Before the statute was enacted, CA law didn't recognize solar easements. So that's one way to protect your solar access - buy it, if they will sell. Once you have an easement, it "runs with the land" and any subsequent purchaser of the property would be obligated to honor it because the property is sold with that right already severed from the property.

Besides state law, there are various local (city, county) and private (HOA) restrictions that you should look into. Some communities are more protective of the right to receive sunshine than others.

Don't dismiss other reasons for preventing the neighbor from building, either, such as zoning restrictions on height, use, density, occupancy, etc. Those might be more protective of your ultimate goal. Del Mar restricts property owners from blocking their neighbor's view (i.e., of the ocean) or ruining the character of the neighborhood. If you want to put a second story on your house, you have to build a stick frame structure that shows the outline of your proposed addition and leave it up for something like 6 months so the public can see what it will look like and oppose your plan if they want. Regardless, you would still be well advised to retain an attorney to help you exercise the rights you have.