Appurtenant Facilities can be very deceiving and must be accounted for. Many property owners think solar development is only the installation of solar panels on their property. However, there are Transmission Easements that are required to transmit electricity from the property to the grid. There are also many other potential “Appurtenant Facilities” that may be installed under the terms of a Solar Lease Agreement. Appurtenant facilities may include above or below-ground electrical transmission and communication lines, towers, electric poles, cross-arms, guy wires, energy collection and transmission grids, power conditioning equipment, substations, transformers, energy storage facilities, telecommunication equipment, batteries, buildings, roads, storage or lay-down yards, fences, among other structures. As you can see there are many Appurtenant Facilities that a landowner must account for when negotiating Solar Lease Agreements.
An experienced attorney will negotiate the solar lease and advise the clients regarding the potential of Appurtenant Facilities to avoid future surprises. A property owner must understand that a Solar Lease Agreement will not only allow solar panels on their property, but also the potential for the structures described above.