Solar Easements in Massachusetts: Protecting Sun Access Through Legal Agreements

Solar easements in Massachusetts are legally binding agreements that protect a property owner's right to unobstructed sunlight for solar energy generation. This page covers the statutory framework governing these agreements, the mechanics of creating and recording them, the scenarios in which they arise, and the boundaries of their application under Massachusetts law. Understanding these instruments is essential for any property owner whose solar investment depends on sustained sun access across neighboring parcels.

Definition and scope

A solar easement is a property right—typically appurtenant to a parcel of land—that restricts a neighboring property owner from erecting structures, planting vegetation, or otherwise creating obstructions that would shade a designated solar energy system. Massachusetts codified solar easements under Massachusetts General Laws Chapter 187, Section 1A, which authorizes the creation of easements for the purpose of ensuring adequate solar access to solar energy systems.

The statute defines a solar energy system broadly to include equipment that uses sunlight to produce heat or electricity, which encompasses photovoltaic (PV) panels, solar thermal collectors, and related apparatus. The easement attaches to the land—not the equipment—meaning it survives the sale of either property and binds subsequent owners.

Scope and coverage limitations: This page addresses solar easements as governed by Massachusetts state law, specifically M.G.L. c. 187 § 1A. It does not cover solar access disputes arising under federal law, private nuisance claims governed by common law, or zoning overlay districts administered by individual municipalities. Easements on tribal lands, federal properties, or parcels in other states fall outside this page's coverage. For the broader regulatory environment governing solar installations in the Commonwealth, see the Regulatory Context for Massachusetts Solar Energy Systems.

How it works

A solar easement in Massachusetts is created through a written agreement that must be recorded in the Registry of Deeds for the county in which the burdened property sits. Recording provides constructive notice to all future purchasers, ensuring the restriction runs with the land. The agreement is not automatic—it requires negotiation and mutual execution between the dominant estate (the solar system owner) and the servient estate (the neighboring property owner).

M.G.L. c. 187 § 1A specifies that a valid solar easement must include at minimum:

A description of the dimensions of the easement, expressed as a vertical and horizontal angle measured from the solar collector.
The restrictions on the servient estate—specifically, which obstructions (structures, trees, landscaping) are prohibited within the defined sky space.
Terms and conditions under which the easement may be revised, terminated, or compensated.
The legal description of both parcels involved.

Once recorded, enforcement follows standard easement law. The dominant estate holder may seek injunctive relief in Superior Court to compel removal of an encroaching obstruction, or damages where removal is impractical. The burden of proof lies with the easement holder to demonstrate the obstruction falls within the protected sky space as dimensioned in the recorded instrument.

Massachusetts does not provide a government-administered solar access permit system equivalent to those in California or Colorado. Protection arises exclusively through private agreement, which distinguishes the Commonwealth's approach from states with statutory solar access rights conferred without neighbor consent.

For a foundational understanding of how solar energy systems function before evaluating access protections, the Conceptual Overview of How Massachusetts Solar Energy Systems Work provides relevant background.

Common scenarios

Scenario 1: New residential installation adjacent to undeveloped lot
A homeowner installs a rooftop PV array and learns that the vacant parcel to the south is approved for a two-story residential structure. Without a recorded easement, the future building could legally shade the array. The homeowner negotiates a solar easement with the developer before construction begins, defining a protected sky plane at a minimum solar altitude angle of 20 degrees above the southern horizon.

Scenario 2: Tree growth on neighboring parcel
Mature deciduous trees cause seasonal shading losses. M.G.L. c. 187 § 1A covers vegetation as well as structures, meaning a properly drafted easement can restrict tree height within a defined horizontal distance from the property line. Without an existing easement, there is no statutory right under Massachusetts law to compel a neighbor to trim trees solely to improve solar output.

Scenario 3: Condominium and HOA contexts
In condominium developments and communities governed by homeowner associations, solar access disputes may involve both easement law and recorded condominium documents or HOA covenants. Massachusetts law under M.G.L. c. 183A governs condominium structures, and solar rights within those frameworks require analysis of both the recorded master deed and any applicable solar easement. The Massachusetts Homeowner Association Solar Rights page addresses the HOA dimension specifically.

Scenario 4: Agricultural and ground-mounted systems
Large ground-mounted arrays on agricultural land may face shading threats from tree lines or adjacent farm structures. These installations benefit from the same M.G.L. c. 187 § 1A framework, though the sky plane geometry differs substantially from rooftop applications due to the lower tilt angles and extended array footprints common in ground-mount configurations.

Decision boundaries

Three key distinctions govern whether a solar easement is the appropriate legal instrument:

Solar easement vs. restrictive covenant: A restrictive covenant limits land use broadly and may or may not address solar access specifically. A solar easement under M.G.L. c. 187 § 1A is a defined instrument with statutory requirements; a restrictive covenant is governed by general contract and property law. Easements provide stronger, more predictable enforcement because they are statutory in character and attach to the land without reliance on privity of contract.

Negotiated easement vs. zoning-based solar access: Some Massachusetts municipalities have adopted solar access provisions within their zoning bylaws under the authority granted by M.G.L. c. 40A, including overlay districts that limit structure heights in solar-sensitive zones. Zoning protections are regulatory in nature and do not require neighbor consent, but they apply only where a municipality has affirmatively enacted them. A private solar easement fills the gap where no such municipal protection exists. The Massachusetts Solar Zoning and Land Use page covers municipal zoning instruments in detail.

Active dispute vs. prospective protection: A solar easement recorded before any obstruction exists is far easier to enforce than attempting to establish rights after a neighbor has already planted trees or begun construction. Massachusetts courts apply the recording date of the easement as the baseline for determining whether an obstruction constitutes a violation. Prospective easements—negotiated during the permitting phase of a solar installation—represent the most legally stable form of sun access protection available under the Commonwealth's framework. For context on how the Massachusetts Solar Authority homepage situates this topic within the broader solar landscape, easement protection is one component of a multi-layered access strategy.

The Massachusetts Clean Energy Center (MassCEC) does not administer solar easement agreements directly, but its SMART Program incentive documentation references site suitability assessments that implicitly depend on unobstructed solar access—making easement status a relevant factor in project underwriting and long-term performance projections.

References

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