Long Island Homeowners Face Growing Solar Panel Property Rights Battles as Renewable Energy Conflicts Escalate in 2025
Long Island’s renewable energy boom is creating an unexpected battleground in residential neighborhoods, as homeowners increasingly find themselves locked in legal disputes over solar panel installations. Solar panel conflicts typically involve disputes between homeowners, neighbors, and HOAs over aesthetics, shading, and installation restrictions in residential communities, with solar panels causing disputes over how they look, tree shading, and property values. As 2025 unfolds, these property rights disputes are becoming more complex and costly for Long Island residents seeking to embrace clean energy.
New York’s Solar Rights Framework Provides Protection, But Disputes Persist
New York state law explicitly prohibits any local laws or ordinances from imposing unreasonable restrictions on solar energy systems, meaning that homeowners are afforded certain protections against restrictive rules established by homeowners’ associations (HOAs) or local governments that may seek to limit their ability to harness solar power. However, the practical application of these protections often leads to complex legal battles that require experienced legal representation.
As of 2025, at least 30 states have laws that allow property owners to create solar easements, including California, Colorado, Florida, Georgia, Iowa, Maryland, Massachusetts, Michigan, Minnesota, New Hampshire, New York, Oregon, and Washington. These solar easements have become critical tools for Long Island homeowners seeking to protect their renewable energy investments from neighbor interference.
Common Sources of Solar Panel Property Disputes on Long Island
The most frequent conflicts arise from several key issues that affect Long Island’s densely populated suburban communities:
- Shading Disputes: Shading from neighboring trees represents one of the most challenging solar access disputes, with most states having laws that provide measures to address these types of conflicts. When neighbors plant trees or construct additions that block sunlight to existing solar panels, property values and energy production can be significantly impacted.
- HOA Aesthetic Restrictions: According to the U.S. Department of Energy, most homeowners can install solar panels, even if they live in an HOA community, as HOAs can only impose “reasonable restrictions” on solar panel installation. However, determining what constitutes “reasonable” often requires legal intervention.
- Property Value Concerns: Many studies have shown that homes with solar energy systems sell for a premium compared to non-solar homes. Despite this evidence, some neighbors still object to installations based on unfounded property value fears.
Solar Easements: A Critical Legal Tool for Long Island Homeowners
A solar easement restricts what your neighbor can build or grow on the property within his or her airspace, because the neighbor cannot block sunlight to your solar panels. These legal agreements are becoming increasingly important for Long Island residents, where properties are often closely situated and future development could threaten solar access.
Unlike a power company, which can claim an easement under your land by necessity, solar easements are voluntary. This means you can’t force your neighbor to agree to a solar easement; you will likely have to provide what’s known in contract law as “consideration,” meaning some form of payment. Negotiating these agreements requires careful legal drafting to ensure enforceability and protection for all parties involved.
Recent Legal Developments and Enforcement Challenges
While New York’s solar rights laws provide a strong foundation for homeowner protection, enforcement remains challenging. Many state laws require exhaustion of internal remedies before pursuing litigation. For example, the Texas Property Code requires associations to provide homeowners with written notice of violations. The law also requires the HOA to give the property owner a chance to cure alleged violations before imposing fines. Similar procedural requirements in New York mean that homeowners must often navigate complex administrative processes before accessing court remedies.
Several states mandate or encourage mediation or other alternative dispute resolution (ADR) before litigation. Many municipalities offer neighborhood mediation services. They can assist with conflicts with adjacent property owners over shading or aesthetic concerns. Long Island municipalities are increasingly adopting these approaches to manage the growing volume of solar-related disputes.
The Importance of Experienced Legal Representation
Given the complexity of solar property rights disputes, Long Island homeowners need experienced legal counsel who understands both renewable energy law and local property regulations. If you’re facing pushback from neighbors or your HOA over solar panels, a local real estate attorney can be a helpful resource. They can explain how local ordinances might apply to your unique situation and walk you through your options.
For Long Island residents facing these challenges, working with a knowledgeable real estate litigation attorney long island can make the difference between a successful solar installation and costly legal battles. The Frank Law Firm, P.C. brings extensive experience in real estate law and property disputes to help homeowners navigate these complex issues.
Thomas J. Frank is a commercial litigator with a focus in bankruptcy, real estate, foreclosure, and general business disputes, with his practice involving representing debtors, creditors, and trustees in bankruptcy matters, prosecuting and defending commercial litigation matters in both state and federal court, and representing both lenders and borrowers in residential and commercial loan disputes. This comprehensive experience positions the firm to handle the multifaceted nature of solar property rights disputes.
Protecting Your Solar Investment
As Long Island continues its transition to renewable energy, property owners must be proactive in protecting their solar investments. Before you reach these legal actions, experts recommend trying to solve the issue civilly. Sometimes fixing the problem can be as simple as talking to your neighbor and explaining the issue, coming to an agreement that benefits both parties. However, when negotiations fail, having experienced legal representation becomes essential.
The Frank Law Firm’s approach emphasizes both prevention and resolution. Your contracts get reviewed thoroughly before you sign anything that could cost you later. Title issues get resolved quickly so that your closing always stays on schedule and on time. Potential problems get caught early when they’re easier and cheaper to fix properly. This proactive approach is particularly valuable in solar installations, where proper legal groundwork can prevent costly disputes.
Looking Ahead: The Future of Solar Property Rights
The solar market continues to evolve. Nowadays, most jurisdictions provide solutions to address neighborhood aesthetics while supporting renewable energy. For your solar project installation to be a success, it is crucial to understand your state laws. As Long Island’s solar adoption accelerates, property owners who understand their rights and work with experienced legal counsel will be best positioned to benefit from clean energy while avoiding costly disputes.
For Long Island homeowners considering solar installation or facing existing disputes, early legal consultation can save significant time and money. The firm’s lawyers have extensive experience in civil litigation cases so they can effectively represent your best interests in corporate disputes, financial transactions, real estate dealings, foreclosure prosecution, bankruptcy or business reorganization proceedings, contract issues, civil lawsuits, and much more. Each litigation lawyer on the team understands how to ardently defend clients’ rights and interests. This comprehensive expertise makes the Frank Law Firm well-equipped to handle the evolving landscape of solar property rights disputes on Long Island.