Legal access to light: the solar energy imperative

Journal Article · Thu Jan 01 04:00:00 EST 1976 · Nat. Resour. Lawyer; (United States)

OSTI ID:6614751

Moskowitz, D P

The issue of acquisition of legal access to sunlight by owners and/or lessees of buildings heated and cooled by solar energy collector systems is extensively addressed. First, a review is presented of economic and environmental aspects of the energy crisis. A brief explanation of the mechanics and economics of solar collectors is presented. Historical precedents in English and American law that might be applicable to the modern solar rights issue are briefly reviewed. The doctrine of ancient lights is examined from both the English and American law viewpoints. Several potential modes of acquiring legal access to sunlight are discussed. Included are easements by prescription, easements by implied grant or reservation, easements by express grant, nuisance actions, and zoning ordinances. It is concluded that, since expanded use of solar collectors should be anticipated, a close analysis of present American law of real property regarding access to sunlight should be undertaken. 141 references.

• Research Organization: Univ. of New York, Brooklyn
• OSTI ID: 6614751
• Journal Information: Nat. Resour. Lawyer; (United States), Journal Name: Nat. Resour. Lawyer; (United States) Vol. 9:2; ISSN NRLAD
• Country of Publication: United States
• Language: English

Related Subjects

14 SOLAR ENERGY
140400* -- Solar Energy-- Environmental Aspects
BUILDINGS
DOCUMENT TYPES
ECONOMICS
ENERGY
ENERGY SOURCES
HEATING
LEGAL ASPECTS
RENEWABLE ENERGY SOURCES
REVIEWS
SOLAR COLLECTORS
SOLAR COOLING SYSTEMS
SOLAR ENERGY
SOLAR HEATING
SOLAR RIGHTS