Solar Easements - A comparative study –

Authors

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

Keywords:

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

Abstract

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.

 

 

 

References

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

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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.

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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: https://law.justia.com/codes/new-mexico/2021/chapter-47/article-3/section-47-3-1/ 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:

https://www.gencourt.state.nh.us/rsa/html/XLVIII/477/477-mrg.htm Date of visit: 3/18/2023.

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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.

Published

2024-04-29

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 https://tujr.tu.edu.iq/index.php/home/article/view/239