The commercialisation of solar access ; from tort to property right

Arnav Mehna

This dissertation examines the legal and economic evolution of "solar access" rights as sunlight transitions from an aesthetic amenity to a critical, quantifiable energy resource. Tracking this evolution across three distinct paradigms—the Tort Era, the Statute Era, and the Commercial Era—the study explores how a natural, unprotectable commons has been systematically formalized into a private, securitized property right capable of being recorded, traded, and financialized. Historically governed by the unpredictable private nuisance doctrines of the English "Ancient Lights" tradition, the modern demand for solar irradiance has forced contemporary legal systems to develop more robust frameworks. Utilizing the seminal Calabresi-Melamed "Cathedral" framework alongside Professor Troy A. Rule's theories, this paper evaluates the mechanics of shifting from liability rules to property rules, with a specific comparative critique of the rigidities found within Section 15 of the Indian Easements Act of 1882. Ultimately, the dissertation argues that while the commercial market successfully financializes solar energy into standardized assets like Power Purchase Agreements, a purely commercial view is insufficient; instead, it advocates for a conceptual synthesis that implements "Strategic Solar Zones" grounded in the Public Trust Doctrine, positioning the law not merely as a facilitator of private trade, but as a proactive guardian of a shared atmospheric resource.

Published Paper   E-Certificate

"The commercialisation of solar access ; from tort to property right", IJSDR - International Journal of Scientific Development and Research (www.IJSDR.org), ISSN:2455-2631, Vol.11, Issue 5, page no.b724-b773, May-2026, Available :https://ijsdr.org/papers/IJSDRTH01024.pdf

Volume 11 Issue 5, May-2026

Pages : b724-b773

Paper Reg. ID: IJSDR_310035

Published Paper Id: IJSDRTH01024

Downloads: 000354

Research Area: Others area

Country: South Delhi, Delhi, India

Published Paper PDF: https://ijsdr.org/papers/IJSDRTH01024

Published Paper URL: https://ijsdr.org/viewpaperforall?paper=IJSDRTH01024

ISSN: 2455-2631 | IMPACT FACTOR: 9.15 Calculated By Google Scholar | ESTD YEAR: 2016

An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 9.15 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator

Publisher: IJSDR(IJ Publication) Janvi Wave

This work is licensed under a Creative Commons Attribution 4.0 International License and The Open Definition