Confirmation of property rights of solar container energy storage system

Are tenant trade fixtures part of a solar project?

In addition to the general rule regarding tenant trade fixtures, most solar project site-control agreements specifically provide that the project facilities will at all times be and remain the sole separate property of the tenant and not part of the real property.

Are mineral rights a major obstacle to solar project development?

Absent an express limitation on such right in its granting instrument, or a release, waiver, or subordination of mineral rights by the holder, or an agreement not to interfere with the solar project operations, the presence of mineral rights can be a significant obstacle to project development, financing, syndication, or sale.

What happens if a landowner leased to a solar developer?

The landowner is likely to lose all productive use of lands leased to a solar developer. Thus the payment for the use of the project site will not be ameliorated by any offsetting additional income or benefit the landowner might otherwise obtain from joint use of the site.

What should a solar project easement include?

A Right to Install Fixtures and System Equipment. As with a solar project lease, a solar project easement should include explicit rights to install, inspect, repair, replace, operate, improve, alter, expand, relocate, and remove all project equipment and related fixtures, which are to remain at all times the property of the developer.