Solar farm development
Tees provides legal support to a landowner
Solar farms have become popular for landowners to generate income from their land and are part of the growing renewable energy sector. However, the process of setting up a solar farm can be complex. This case study highlights the importance of seeking legal support when developing renewable energy infrastructure to ensure that all necessary legal and regulatory requirements are met and to mitigate the risk of any disputes arising during the term of the lease.
If you are considering starting a renewable energy project on your land or have been approached about renewable energy development, it’s vital that you seek expert legal advice to ensure you protect your interests.
Alex Waples, senior associate lawyer, and the Tees renewable energy team acted for a landowner who wanted to install a solar farm on their land. Tees undertook due diligence to identify potential issues with the proposed site, negotiated and completed the lease and any necessary easements, and provided ongoing advice throughout the term of the lease.
Due diligence
The purpose of the review is to identify any potential issues. For example, a parcel of land may be burdened with a historic covenant preventing the building of a structure in, over, or under the parcel of land in question. Any such covenant could significantly affect the site's efficacy, and various design changes may need to be made to accommodate it.
Option agreements and lease negotiation
Alongside due diligence, the early stages of a transaction involve negotiating and exchanging an option for the lease and for any required easements.
Alex provided legal assistance in drafting the option agreement that granted the solar farm company the right to lease the land to install solar panels. He and the renewable energy team also negotiated the lease terms on behalf of the landowner, reviewing and drafting the lease agreement to ensure that it complied with relevant laws and regulations and represented the client's best interests.
Once the funding is secured and the site is satisfactorily viable, the options are triggered, and the transaction can proceed to installation. The lease must afford sufficient solar farm installation rights, including access to neighbouring land.
Completion of the lease and easements
With funding, Alex arranged for the options to be triggered and completed the lease and the necessary easements. With the lease and easements in place, the installation of the solar farm could start.
Ongoing advice
During the lease term, The Tees legal team was available to provide ongoing legal advice. Tees’ dispute and resolution team provided tailored advice on exercising the tenant’s rights. They can advise on triggering any option to renew the lease or, alternatively, deal with any transaction whereby the tenant wishes to dispose of their interest in the solar farm, that is, by way of assignment.
If any disputes arise during the lease term, the dispute resolution team will provide expert advice to achieve the most commercially practical outcome.
If you are considering or if you have been approached about renewable energy development, contact our expert legal specialist today.
Call our specialist solicitors on 0808 231 1320
Tees are here to help
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Hertfordshire: Bishop's Stortford and Royston
But we can help you wherever you are in England and Wales.
Chat to the Author, Alexander Waples
Senior Associate, Commercial Property, Cambridge office
Meet Alexander
- Areas of expertise
- Accreditations
- Testimonials
Legal 500 UK 2023
'Alexander Waples – Alex was very professional and approachable. He quickly understood our position and what we needed going forward. We found his advice to be very effective and efficient. His advice is also so on point and thinking ahead'
Legal 500 UK 2023
'Alex Waples brings a practical knowledge of the dynastic issues within a family farming business when advising on complex legal matters. Ian Johnston offers a relaxed and reassuring approach to problems. One senses that any problem he will have encountered and dealt with in a previous case. Daniel Fairs is a go to player when property is involved'
Legal 500 UK 2023
'Above all, Alex Waples’ unwavering can-do attitude makes him stand out in his field. Alex is able to accommodate time timescales when necessary and provides detailed commercial advice in a way which is easy to understand and gets straight to the crux of the issue whilst ensuring that he is protecting our interests at all times. Alex maintains a great working relationship with his clients through his effective communication and speedy responses – he is an essential and much valued part of our business'
Legal 500 UK 2021
‘Alexander Waples was a quite exceptional professional that it was my pleasure to work with over a period of some years. He was unfailingly courteous, and always answered my questions fully. He was very knowledgeable about an area of law which I had struggled to find an expert to take on. Alex was as pleased as I was that the task was successfully completed in what I understand for this area of law was a record time. Alex often worked outside usual working hours to further the task in hand.‘
Legal 500 UK 2021
‘Alex’s keen and thorough understanding of the law was apparent throughout, leading to a smooth and successful purchase, and a large financial saving in part (Farm Purchase)’
Legal 500 UK 2021
‘Alex’s attention to detail was notable, he clearly has an outstanding knowledge of his field and was attentive and punctilious in all communications with me and other parties.‘