A home owner installed a 10 kW solar system in 2001. Between 1997 and 1999 his neighbors had planted 8 Redwood trees along the fence separating their yards.
The solar home owner sued the neighbors for being in violation of California’s “Solar Shade Control Act“. The law written in the early 70’s effects plantings after 1979. Basically the law bans trees or shrubs that shade more than 10 percent of a neighbor’s solar panels from 10 a.m. to 2 p.m.
Trees or shrubs planted before the solar installation are excluded. However, the law does apply to existing trees and shrubs that later grow big enough to shade the solar panels. The trees are currently 20 to 40 feet tall and now shade more than 10 percent of their neighbor’s solar panels between the hours of 10 a.m. and 2 p.m.
At this point the court has determined that 2 of the 8 trees must be cut. The redwood tree owners are continuing to fight this law and are appealing the decision.
Read this story in detail: Contra Costa Times PY will be following this story.
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The law seems very unfair in this matter. The homeowners have probably spent thousands of dollars to landscape their property. This was done with the expectation that the tress would grow, provide shade, beautify their property and increase the value of the land. Several years latter the next door neighbor decides to install solar panels in an area that he could plainly see will eventually be shaded by the naturally growing trees. Although it is common and convenient to install solar arrays on roof of a house, he could just as easily have put the panels on another part of his property. Why are the neighbors with the trees penalized? This seems like a clear infringement of their right to enjoy and use their own property.
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