Nov 29, 2024
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A solar power system is a big expense, but if it gets enough sun, it can pay for itself and reduce your carbon footprint in the process.
Unfortunately, obstructions can substantially reduce the power your panels provide and make it much harder for your investment to pay off. That's why it can be so frustrating if your neighbors plant a tree in the wrong place.
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If there’s a tree in the way of your energy production, it's important to understand what your options are. They may depend on where you live and whether the tree or your panels were there first.
Can you make your neighbor cut down a tree?
If your neighbor's tree is stopping the sun from shining on your solar panels, the first big question to ask is whether it was in place before you put the panels up. If so, you can't just force your neighbor to cut down pre-existing vegetation on their land.
Ideally this issue is something you or your solar energy technician would anticipate prior to the installation.
However, if your panels were there first, you may have some recourse. Many states and municipalities have rules in place that regulate vegetation to protect solar access.
For example, California's Solar Shade Control Act prohibits someone who owns a property from planting or growing an obstructive tree if solar panels have already been installed and the tree or shrub would cast a shadow over more than 10% of the panels between 10 a.m. and 2 p.m.
Hartford, Connecticut, Ashland, Oregon and Boulder, Colorado also have zoning regulations and protective permits in place to prevent shading solar panels. But you'll want to check with your local government or governing organizations in your neighborhood to see if the law specifies that your neighbor's tree has to go — or at least provide more solar access.
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Negotiate with your neighbor
If no law mandates that your neighbor trim their tree, your next best option is to try to negotiate with them directly. If you can reach an agreement, you can sign a solar easement.
This will protect access rights and ensure no trees are planted in a way that blocks the sun. Once you've signed the easement and recorded it, it becomes permanent and part of the property deed. So when you or your neighbor sell, the solar access rights are tied to the property.
Of course, you'll need to get your neighbor to voluntarily agree — which may involve some negotiation skills. You could, for example, offer to pay for the tree removal and for them to plant another tree elsewhere. While this upfront cost may be a pain, it could be better than accepting the diminished performance of your solar panels for years to come.
The best option, of course, is to avoid a problem like this in the first place. If you are thinking of going solar, ask your neighbors to sign a solar easement before the panels go up to ensure there are no future problems where greenery could potentially be planted and impact the effectiveness of your investment.
If it's too late and your neighbor won't move the tree, you'll have to live with the diminished performance — or see if your installers might be able to relocate the panels to a place with more sun exposure.
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Christy Bieber has 15 years of experience as a personal finance and legal writer. She has written for many publications including Forbes, Kilplinger, CNN, WSJ, Credit Karma, Insurify and more.
