Solar Easements - A comparative study –


  • Dr. Fathi Ali Fathi Al-Abdali . College of Rights, University of Mosul, Nineveh
  • Dr. Nada Mahmoud Thanoun . College of Rights, University of Mosul, Nineveh


- Easements. - solar energy. - clean energy. - servant real estate. - serviced real estate.


The solar energy easement rights are among the new concepts, and solar energy is the promising future for the production of clean, high-quality energy, which contributes to the prosperity of the economy and is environmentally friendly. Obstructed by the height of the building or the shade of the surrounding trees and the right to establish power transmission lines, according to an agreement, unless the law stipulates otherwise, and solar energy easement rights arise by agreement in some countries, and the law may stipulate its establishment in other countries, and the judiciary may have its say in the establishment Solar energy easement rights in other countries.





First: Arabic language books:

Muhammad bin Makram bin Manzur Al-Afriqi Al-Misri, Lisan Al-Arab, vol. 10, 1st edition, Dar Sader, Beirut, without place of publication.

Secondly, books of jurisprudence:

Ali bin Abdul Salam bin Ali, Abu Al-Hasan Al-Tasuuli, Al-Bahja fi Sharh Al-Tuhfa ((Explanation of Tuhfat Al-Hukam)), vol. 2, 1st edition, Dar Al-Kutub Al-Ilmiyya - Lebanon / Beirut, 1418 AH - 1998 AD, compiled and authenticated by: Muhammad Abd al-Qadir Shaheen, p. 413. .

Al-Ahkam Al-Adliyyah Journal, Al-Ahkam Al-Adliyyah Journal Committee, listed as a book trade, without a place of publication, without a year of publication.

Third: Law books:

D. Ahmed Ibrahim Al-Hayari, Explanation of the Provisions of Real Rights, a balanced analytical study in the relevant civil and legislative law according to the latest amendments, 1st edition, Dar Al-Thaqafa for Publishing and Distribution, Amman - Jordan, 2021.

D. Tariq Kazem Ajeel, Original Real Rights, Property Rights, Part 1, Dar Al-Sanhouri, Beirut - Lebanon, 2019.

D. Abd al-Razzaq al-Sanhouri, Al-Wasit fi Sharh al-Nawi Civil Law, Reasons for Gaining Ownership, Part 9, Volume 2, 3rd Edition, Al-Halabi Legal Publications, Beirut - Lebanon, 2011.

D. Abdel Razzaq Al-Sanhouri, Al-Waseet, Reasons for Gaining Ownership, Part 6, Dar for the Revival of Arab Heritage, Beirut, Lebanon, 1986.

D. Ismat Abdel Majeed Bakr, Implementing Obligation in Arab Civil Laws, 1st edition, Zain Legal Publications, Beirut, Lebanon, 2017, pp. 311 et seq. Also see for more detail on this topic: Dr. Mustafa Ahmed Amr, Summary of the Provisions of Commitment, 1st edition, Al-Halabi Legal Publications, 2010.

D. Muhammad Taha Al-Bashir, and Dr. Ghani Hassoun Taha, Rights in Kind, new and revised edition, Al-Sanhouri Library, Beirut, Lebanon, 2016,

Nabil Ibrahim Saad, Original Real Rights, Their Provisions and Sources, Alexandria Knowledge Establishment, 2011.

Third: Letters and theses:

Hassan Hawash, What are solar energy easement rights, a comparative study, doctoral thesis, Sadat City University, Faculty of Law, Department of Private Law, 2019.

Fourth: Research:

Umm Kulthum Subeih Muhammad, Dr. Asmaa Jabr Alwan, Legal Restrictions on Ownership in Easements of Archaeological Sites, A Study in the Antiquities and Heritage Law No. (55) of 2002, Journal of the Faculty of Law, Al-Nahrain University, Volume 22, Issue 40 of 2020.

D. Samir Hamid Al-Jamal, Solar Energy Easement Rights, A Comparative Study, The Twenty-First Annual Conference on Energy between Law and Economics, for the period from 20-21-2013.

D. Duha Muhammad Saeed Al-Numan, contract for connecting the solar energy system to the electrical energy distribution system, research presented to the Fourth International Conference on Legal Issues, College of Law, Ishik University, Erbil/Iraqi Kurdistan, April, 2019.

Qishta Abu Bakr, Akroum Adel, The Use of Solar Energy in the Field of New Construction in Algerian Law, Journal of Political Legal Thought, Faculty of Law and Political Science, Ammar Thilidji University, Laghouat, Volume 2, Issue Four, 2018.

Kaloum Ben Youssef, Ezzedine Saud, Legal Mechanisms for the Algerian State’s New Orientation in the Field of Renewable Energies, A Comparative Study of the Most Important and Leading Global Experiences in the Field of Renewable Energies, Journal of Studies and Research of the Arab Journal in the Humanities and Social Sciences, Algeria, Volume 13, Number 4, Thirteenth year, 202.

Fifth: Websites:

THE New Mexico statute, 47-3 1t0 47-3-5 (2017): New Mexico State Code, Chapter 47, Property Code, Article (3) Solar Energy Section, 2017, amended 2021, published on the following website: Date of visit On 3/4/2023.

New Hampshire 477-50 (2018): New Hampshire Statute Title Forty-Eight: Transfer of Property and Mortgages of Real Estate Chapter 477/50 Creating an Easement in the Solar Space, Revised Statute 2018. Posted on the following website: Date of visit: 3/18/2023.

Fifth: Laws:

Iraqi Civil Law No. (40) of 1951.

Iraqi Real Estate Registration Law No. (71) of 1973.

Iraqi Civil Aviation Law No. (148) of 1974

Iraqi Antiquities and Heritage Law No. (55) of 2002

Iraqi Ministry of Electricity Law No. (53) of 2017.

Egyptian Civil Law No. (131) of 1948

UAE Civil Transactions Law No. (5) of 1985.

Sixth: Foreign sources:

See: Jon W. Bruce, James W. Ely. The law of easements li causes in land, 2008, N. 2, pp. 29.

John William Gergace z: legal aspects of the solar energy statutory approaches for access to sunlight, 10B. C. ENVTL. Affl. REV, 1, 1982, pp. 1112.

see: e.g. Shawn M. Leyden: an integrated approaches to solar access, 34 (ASEW. RES. L. REV,. 1983-1984, p. 367 et. Eisenstaedt, supra note 2, at 25.

Lowe code ANN. 564 A. 7. 1 (west 1992), persons, including public bodies, may voluntarily agree to create a solar access easements.

Wisconsin state. ANN. 700. 451 (3) (3) Damages except as provided under sub.



How to Cite

., D. F. A. F. A.-A., & ., D. N. M. T. (2024). Solar Easements - A comparative study –. TIKRIT UNIVERSITY JOURNAL FOR RIGHTS, 8(1), 206–236. Retrieved from