Requirements for easement creation by instrument
- • recordation
(1) Any instrument creating a solar energy easement or any other access right to sunlight shall contain:
(a) A legal description of the real property benefited and burdened by the easement; and
(b) A description of the solar energy easement sufficient to determine the space over the burdened property which must remain unobstructed by means that shall include, but not be limited to:
(A) A sun chart showing the plotted skyline, including vegetation and structures from the perspective of the center of the lower edge of the collector surface, and a drawing showing the size and location of the collector surface being protected and its orientation with respect to true south; or
(B) A description of the solar envelope sufficient to determine the space over the burdened property that must remain unobstructed.
(2) The instrument creating a solar energy easement or any other access right to sunlight shall be recordable under ORS 93.710 (Instruments or memoranda creating certain interests in realty). The instrument shall be recorded in the chains of title of the benefited and burdened properties as a transfer of the easement or access right from the owner of the burdened property to the owner of the benefited property.
(3) When an instrument creating a solar energy easement is issued by a city or otherwise requires approval from a city, the instrument shall be attested to and contain the original signature of a city official in addition to the descriptions and chart required under subsection (1) of this section.
(4) An instrument creating a solar energy easement shall be indexed when recorded by the name of the city and the names of all parties claiming any interest in the real property benefited or burdened by the easement. [1979 c.671 §8; 1981 c.590 §6; 1981 c.722 §8; 1991 c.230 §23]
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