Solar energy vs. shade - Solar, Wind and Land: Conflicts in Renewable Energy Development - page 99

Solar panels

Property line

Neighbor's land Solar user's land

Figure 5.1 The solar access problem

easement, parties in Solar User's position may conclude that the risk of
future shading is too great and thus elect not to install solar energy systems
on their rooftop at all.
At first blush, an effective solution to the solar access problem just
described would be to enact laws that prohibit landowners from growing
trees or erecting structures on their land that shade solar energy systems on
nearby parcels. However, formulating rules to govern solar access conflicts
is far more complicated than that because keeping airspace open solely to
prevent solar panel shading may not always be the most productive use
of the airspace involved. As described briefly in Chapter 1 , trees sequester
carbon dioxide out of the atmosphere and can substantially reduce a
building's need for energy-intensive air conditioning. And dense vertical
construction that occupies airspace with tall buildings is one way of
combatting urban sprawl and its energy excesses.
Should landowners be prohibited from erecting structures or growing
trees on their property that shade a neighbor's solar panels? Or should they
be liable for damages when such shading occurs? Or should landowners
be free to occupy the airspace above their property within ordinary height
restrictions, regardless of whether they shade nearby solar energy systems?
These questions are similar to other questions posed in this topic and are
emblematic of the tough property rights trade-offs that complicate the
sustainability movement.
The best solar access policies are those that incentivize landowners to
keep airspace open only when preventing solar panel shading is a higher