Legal Question in Real Estate Law in Illinois

Solar Rights

The home on the south side of my house was removed and a 5000 square foot home was built. The new house is so tall my house is in the shade a lot. This situation prevents the installation of alternate energy devices like solar panels. Is there a remedy?


Asked on 10/28/06, 5:38 pm

1 Answer from Attorneys
Frank Sprude Frank Sprude, Attorney at Law

Re: Solar Rights

Unfortunately, at present there is not a recognized general "solar right" in Illinois. It is possible that you may have solar rights pursuant to subdivision covenants. I recommend you check any covenants for your development.

Illinois does have a "Comprehensive Solar Energy Act" that deals with solar energy. However, in 1993, a court held that the Act did NOT create an easement for solar access.

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Answered on 10/30/06, 10:58 am


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