had a house with solar panels and he sues to prevent the from building a Π Δ house that will block the sun When went and asked to move his house several feet so his Π Δ access t sunlight was not interrupted, denied and began Δ construction Issue Is there a cause of action for interference of access to sunlight used for solar heat? (YES!) Holding + Reasoning Through development of technology solar paneling has become more practical and therefore, thus use of this property is reasonable Π’s This is a Minority Rule Provides no notice to the and the only thing like this that has been Δ regulated are spite fences Law must keep up with the changing times and since solar energy had new significance it should be protected Decision was judicial activism Better for Legislature to Decide because the court had NO way of knowing the capacity/future of solar power We are increasingly regulating how property owners use their land even without physical damage to the neighbors with solar panels was externalizing cost on his neighbor Π He could have built the house in a different area of his plot to avoid this problem, bought the neighboring lot, or purchased an easement Servitudes Definition A that creates a right or an obligation that with the or with an interest legal device “runs land” in the land. with the If it passes automatically to successive owners or occupiers of “Runs Land” the land or the interest in land with which the right or obligation runs A variety of legal mechanisms to control the use and access to real property Allows for sticks regarding the use and control of land to be divided among people One person gets certain sticks even though the owner controls the bundle as a whole License NOT CLASSIFIED AS SERVITUDES Temporary permission to use/enter/control property. NOT transferable (Person to the license-holder) Usually for a short-time, generally revocable at the will of the property owner, and informal Ex Invitation to home for a BBQ, Grocery Store Open to Public one’s Easement Permission to enter or control property that is permanent and irrevocable another’s Affirmative v. Negative Easements Affirmative Easement Give easement holder the right to use or access land (Ex Cable another’s Cord for TV)
Π had a house with solar panels and he sues to prevent the Δ from building a house that will block the sun When Π went and asked Δ to move his house several feet so his access t sunlight was not interrupted, Δ denied and began construction Issue Is there a cause of action for interference of access to sunlight used for solar heat? (YES!) Holding + Reasoning Through development of technology solar paneling has become more practical and therefore, thus Π’s use of this property is reasonable This is a Minority Rule Provides no notice to the Δ and the only thing like this that has been regulated are spite fences Law must keep up with the changing times and since solar energy had new significance it should be protected Decision was judicial activism Better for Legislature to Decide because the court had NO way of knowing the capacity/future of solar power We are increasingly regulating how property owners use their land even without physical damage to the neighbors Π with solar panels was externalizing cost on his neighbor He could have built the house in a different area of his plot to avoid this problem, bought the neighboring lot, or purchased an easement Servitudes Definition A legal device that creates a right or an obligation that “runs with the land” or with an interest in the land. “Runs with the Land” If it passes automatically to successive owners or occupiers of the land or the interest in land with which the right or obligation runs A variety of legal mechanisms to control the use and access to real property Allows for sticks regarding the use and control of land to be divided among people One person gets certain sticks even though the owner controls the bundle as a whole License NOT CLASSIFIED AS SERVITUDES Temporary permission to use/enter/control property. NOT transferable (Person to the license-holder) Usually for a short-time, generally revocable at the will of the property owner, and informal Ex Invitation to one’s home for a BBQ, Grocery Store Open to Public Easement Permission to enter or control another’s property that is permanent and irrevocable Affirmative v. Negative Easements Affirmative Easement Give easement holder the right to use or access another’s land (Ex Cable Cord for TV)
Property%20-%20Overton%20-%20Spring%202011.docx