How Does Putting In Active Solar Collectors Keep People From Blocking My View?

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There are many laws involving real estate in California. Many people, real estate agents included, do not seem to realize that one can use these laws to give them an edge in increasing their property value. One of the most valuable things to have in real estate is a view. Even if you don't care about having a view, it can add many thousands of dollars to your resale value. New home developers can charge as much as $200,000 extra for a premium view lot. However, one of the problems with a view is that neighbors or associations can plant trees, which can grow to block out your view. Most cities do not have ordinances to protect a view, so what can you do about it?

The other day I was reading about the Solar Shade Control Act in the California Real Estate Codes and surprisingly, I found a way to use this to save a view from oversized plants. The CA Public Resources Code 25982 states, "After the installation of a solar collector, a person owning or in control of another property shall not allow a tree or shrub to be placed or, if placed, to grow on that property so as to cast a shadow greater than 10 percent of the collector absorption area upon that solar collector surface at any one time between the hours of 10 a.m. and 2 p.m., local standard time."

This means that if someone plants a tree on their property near your solar collector they will have to keep it from growing so large that it blocks the sunlight. There is one other cool thing about this law. It does not state whether it is summer or winter when the shade of the tree is measured between 10 am and 2 pm, nor does it mention daylight savings time. Using this four-hour window could establish a shading area that is much larger than what you might expect and keep your view as good as possible. Another thing to be aware of is that if you have a really small solar collector then 10 percent of it will also be a really small area.

Another thing about this law is the code following 25982. The CA Public Resources Code 25983 states, "A tree or shrub that is maintained in violation of Section 25982 is a private nuisance, as defined in Section 3481 of the Civil Code, if the person who maintains or permits the tree or shrub to be maintained fails to remove or alter the tree or shrub after receiving a written notice from the owner or agent of the affected solar collector requesting compliance with the requirements of Section 25982." This gives the CA Public Resources Code 25982 the strength to actually be useful.

Using these codes can protect your view and add many thousands of dollars to your resale value.

Article Source: http://EzineArticles.com/7224739
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