(a) Any instrument creating a solar easement shall include, but the contents need not be limited to:

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Terms Used In Tennessee Code 66-9-204

  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: include lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(1) A description of the real property subject to the solar easement and a description of the real property benefiting from the solar easement;
(2) The vertical and horizontal angles, expressed in degrees or otherwise, at which the solar easement extends over the real property subject to the solar easement;
(3) Any terms or conditions, or both, under which the solar easement is granted or will terminate;
(4) Any provisions for compensation of the owner of the property benefiting from the solar easement in the event of interference with the enjoyment of the solar easement or compensation of the owner of the property subject to the solar easement for maintaining the solar easement; and
(5) The period of time for which the easement shall run.
(b) The office of energy programs of the department of environment and conservation, pursuant to powers granted in §§ 4-3-510 and 4-3-512(8), is directed to prepare a sample solar easement instrument for use in this state.
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