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Easements secure long-term land use rights for PV, storage, or cable routes — legally binding through entry in the land register.
An easement is a limited real right registered in the land register that allows a beneficiary to use a property in a specific way or restricts the owner from certain uses. In the context of energy projects — such as photovoltaic or battery storage systems — easements are used to legally secure rights of use, access, or infrastructure operation for the benefit of a third party.
Easements are created through a contractual agreement and are registered in the land register of the encumbered property (Section 1018 et seq. of the German Civil Code, Bürgerliches Gesetzbuch – BGB). There are different forms:
• Land easement (Grunddienstbarkeit): allows, for example, an energy company to operate a PV system, lay cables, or access the property for maintenance
• Rights of way: permit access to a property across neighboring land
• Building restrictions similar to building charges: for example to restrict construction on roof areas intended for PV use
The easement remains valid even if ownership of the property changes and provides legal planning certainty for long-term projects.
• Securing PV systems as part of roof lease agreements
• Cable or line routing rights for electricity connections and grid access
• Usage rights for storage areas or technical building access
• Access rights for maintenance and operation of energy systems
• Supplement to rental or lease agreements for long-term energy projects
• Registration in the land register (Section II): prerequisite for legal validity toward third parties
• Duration: usually indefinite or linked to the project lifetime (e.g. 20–30 years)
• Content design: precise formulation of rights and obligations is required
• Ranking priority: relevant for financing or property sales (e.g. priority land charge)
• Notarial certification: required for registering the easement
Easements are a key legal instrument for securing long-term rights to use land — for example for the operation of PV systems, storage solutions, or energy infrastructure. They create legal clarity and security for investors, operators, and property owners and form the legal foundation for many decentralized energy projects in the commercial and real estate sectors.
