Tennessee Solar Easement and Access Laws

Summary

Tennessee law allows for the creation of easements for the purpose of ensuring access to direct sunlight for solar energy systems. This statute also states that the "encouragement and protection of solar energy systems is a valid objective which counties and municipalities may consider in promulgating zoning regulations." When land is sold, easements pass with the property as recorded with the register of deeds in the county in which the land is situated.

The written creation of a solar easement shall include but is not limited to: descriptions of the property affected, angles at which the easement extends, and conditions of compensation or termination. Any provisions for compensation of the owner of the property benefiting from the solar easement in the event of interference with the solar easement or compensation of the owner of the property subject to the solar easement for maintaining the solar easement.  The period of time for which the easement exists.

Note: The Office of Energy Programs of the Department of Environment and Conservation provides a sample solar energy easement instrument for use in the state.