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Jones Has Installed Solar Water Heater Panels on the Roof

Question 101

Essay

Jones has installed solar water heater panels on the roof of his home. The panels are connected by pipes to the water heater (located in the house). Jones' neighbor, Smith, has added a second story and a balcony to his (Smith's) home. The new addition prevents the sun from hitting Jones' panels and Jones has not had a warm shower for a month.
a. Does Jones have any rights against Smith for the prevention of the obstruction?
b. Are the solar panels fixtures or personal property? Are any facts missing that are necessary for this determination?
c. Suppose Jones' home is subject to a mortgage. The mortgage agreement has a clause covering all additions to the property. The mortgage was recorded on April 2, 2018. Jones had purchased the equipment for the solar panels on credit from Solar Water, Inc. on November 19, 2020. What steps should Solar Water, Inc. take to assure its interest in the panels?
d. Is there any way Solar Water can enjoy priority over the bank's mortgage?

Correct Answer:

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a. No, not unless an easement has been o...

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