In this episode of Nick delves into the intriguing concept of ancient lights, a 17th-century law that still holds relevance for property investors today. Nick explains the legal right to light, which allows property owners to receive natural light through their windows if they have enjoyed it uninterrupted for 20 years or more. Nick discusses the importance of expert assessments, legal considerations, and the necessity of engaging with neighbors during the design phase to mitigate risks. 

KEY TAKEAWAYS 

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  The doctrine of ancient lights grants property owners the legal right to receive natural light through their windows if they have enjoyed that light uninterrupted for 20 years or more. This right can impact neighboring developments.

  
  


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  Developers must be aware that obtaining planning permission does not automatically protect them from subsequent legal claims related to rights to light.

  
  


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  Courts determine whether a property has sufficient light based on expert evidence, often using the Waldron method, which equates to about 10 lux of light for activities like reading and sewing.

  
  


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  If a property owner’s right to light is obstructed, they may seek remedies such as an injunction to stop construction, compensation for damages, or alterations to the development.

  
  


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  Keeping detailed records and documentation throughout a construction project is crucial. This includes expert reports and communication with neighbors, as it can help prove compliance with light rights and mitigate potential legal disputes.

  
  

BEST MOMENTS

"Under ancient lights, a property owner may acquire to receive light through their windows, also known as the right to light."

"The doctrine of ancient lights is primarily applicable in England and Wales; it's not generally recognized the same way in other countries."

"Planning permission does not automatically protect a developer from a subsequent legal claim related to rights to light."

"The most common way is to apply for it through the Prescription Act so you've had uninterrupted enjoyment for 20 years unless it's been blocked for 12 months or more."

"It's essential that you seek legal advice immediately to explore your options which may be you can reach a mutual agreement."

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HOST BIO

Nick is an award winning property investor, voted Fastest Newcomer 2022 by Premier Property, and is an accredited Retrofit EPC Assessor. He sources and renovates properties for himself as well as other investors. While doing this he has developed his own systems for efficient investment, such as developing his own methods to save time when viewing properties and estimating market values and potential returns, costing out renovations.

He spends three months of the year abroad and while there continues his business with use of modern technology and his proven systems.

Location freedom has always been his "Why" for being a Property Investment and has now reached his ideal of the colder months spent in Thailand and the rest of the time in the UK, all while continuing to run his business

This Podcast has been brought to you by Disruptive Media. https://disruptivemedia.co.uk/