Unpacking the Case - Real Estate Law Podcast

Davitt Jones Bould
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Davitt Jones Bould presents Unpacking the Case, the podcast where we get the much-needed detail behind the cases shaping real estate law. With episodes every other week, be sure to join Richard Snape, our Head of Legal Training, for the latest insights. Want to know more? DJB covers the full spectrum of real estate issues from commercial property to planning, real estate finance, property litigation, construction, agriculture and other related areas.https://www.djblaw.co.uk/   https://www.linkedin.com/company/davitt-jones-bould  #realestatelaw #propertylitigation #commercialproperty #law #legal

  1. MAR 12

    Gnome Man’s Land: Dobson v Unsted

    In this Newsflash episode, Lizzie and Richard explore Dobson & Anor v Unsted & Anor [2026] a case from the Upper Tribunal that has been making headlines. At the centre of the dispute is eight feet of lawn and a garden gnome that helped spark a neighbourly conflict. The case turns on the doctrine of adverse possession, which allows someone to claim ownership of land if they have possessed and treated it as their own for a set period of time. Richard analyses how much use is enough, does mowing and maintaining a strip of grass amount to possession and what is the significance of planting clover? Join us as we unpack the facts, the law, and what this surprisingly dramatic dispute over a small patch of grass tells us about adverse possession, particularly when it comes to unregistered land. Other cases mentioned: Clapham v Narga [2024]Thorpe v Frank & Anor [2019] Kirkman v Bradshaw Pub Company [2025]Get in touch! Training & Free Webinars for Property Professionals: Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email djb.events@djblaw.co.uk for information and booking. This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

    14 min

  2. FEB 26

    Draft Commonhold and Leasehold Reform Bill: The End of Leasehold as We Know It?

    The Government launched its latest leasehold reform via social media, but behind the headlines, the draft Commonhold and Leasehold Reform Bill could cause serious ripples across the property market. In this episode, we explore what happens when ground rent income disappears, why commonhold has struggled for 20 years, and whether calling it something other than “common” might have helped. More importantly, we ask: can commonhold function at scale in complex urban developments? Richard and Lizzie explore: • Why leasehold became the dominant structure for flats and the historic legal problem behind it. • Why commonhold failed to gain traction after its introduction in 2004 by the Commonhold and Leasehold Reform Act 2002.. • What the Draft Commonhold and Leasehold Reform Bill would change in practice, including restrictions on creating new long leasehold flats. • The practical governance and liability risks for commonhold associations, particularly in higher-risk buildings. • Whether commonhold can realistically function at scale in complex urban and mixed-use developments. • What developers, investors and affordable housing providers should be considering now. If you work in development, investment, or affordable housing, commonhold is not something you can afford to ignore. Other cases mentioned:  Unpacking the Enforceability of Restrictive CovenantsAusterberry v Corporation of Oldham (1885)Spencer's Case [1583]Get in touch! Training & Free Webinars for Property Professionals: Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email djb.events@djblaw.co.uk for information and booking.    This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content.   Get in touch!

    15 min

  3. FEB 19

    Posted… But Was It Served? Lamba v Enfield

    In this Newsflash episode, Lizzie Collin is joined by Richard Snape to unpack the High Court’s ex tempore decision in Lamba v Enfield Borough Council, a judgment that has already sparked lively debate across LinkedIn. The case raises fundamental questions about how notices are validly served under leases. Richard and Lizzie discuss: •How the court approached the interaction between section 196 of the Law of Property Act 1925 and section 23 of the Landlord and Tenant Act 1927 when serving notices. •Why the decision appears to depart from established authority on when service is deemed effective •The significance of lease drafting, particularly where notice provisions state that notices “shall” be served in accordance with section 196. •The potential implications for statutory notices under the Landlord and Tenant Act 1954 and the Landlord and Tenant (Covenants) Act 1995. •Steps landlords, tenants, and practitioners should take to minimise risk when serving notices while uncertainty remains. This podcast highlights how a single drafting choice can fundamentally alter long-understood principles. For anyone advising on commercial property, lease renewals or break notices, this is a timely deep dive into a developing and potentially contentious area of law. Other cases mentioned include: •Commercial Union v Mustafa [1999] •Blunden v Frogmore Investments Ltd [2002] •CA Webber (Transport) Ltd v Network Rail Infrastructure Ltd (formerly Railtract Plc) [2003] •Beanby Estates Ltd v The Egg Stores (Stamford Hill) Ltd [2003] •Galinski v McHugh [1989] Get in touch! Training & Free Webinars for Property Professionals: Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email djb.events@djblaw.co.uk for information and booking.    This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content.   Get in touch!

    11 min

  4. FEB 19

    General Boundaries, Specific Problems: Handy Cross v Vanni

    Where exactly is the boundary, and what happens when the title plan doesn’t give a clear answer? In this Newsflash episode, Lizzie Collin is joined by Richard Snape to dissect the High Court’s decision in Handy Cross Dev Co Ltd v Vanni Properties Ltd [2026] a development-site boundary dispute based on an imprecise title plan. After an influx of boundary cases in the last year this wasn’t just a technical disagreement but went to the heart of how courts determine general boundaries, and when extrinsic evidence can genuinely assist to interpret ambiguity, not cure poor drafting. Under the general boundaries rule (s.60 Land Registration Act 2002), title plans show general, not exact, boundaries. If the wording of the transfer and the attached plan leave genuine uncertainty as to where the boundary lies, the court may look beyond the four corners of the document following Alan Wibberley Building Ltd v Insley. Richard and Lizzie explore: •How the court approaches “general boundaries” where transfer plans lack precision. •The strict threshold for admitting extrinsic evidence and why it must be genuinely probative. •Why post-dating conduct only carries weight if it is bilateral. •The dangers of assuming planning permissions and approved drawings can later fix unclear title boundaries. •What this means in practice for developers and local authorities The High Court confirmed the County Court and held one party’s unilateral assumption about the boundary is irrelevant. The court’s role is to interpret the legal document, not to achieve what seems commercially sensible years later. If you deal with development land, this is one to listen to before your next transaction. Other cases mentioned include: Alan Wibberley Building Ltd v Insley [1999Acco Properties Ltd v Severn [2011]Maximus Networks Ltd v Secretary of State for Transport [2018]Get in touch! Training & Free Webinars for Property Professionals: Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email djb.events@djblaw.co.uk for information and booking.    This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content.   Get in touch!

    9 min

  5. FEB 19

    When “Not Aware” Isn’t Enough: Answering Your CPSE Enquiries

    Following our hugely popular webinar, Responding to CPSE Enquiries – the Pitfalls, which attracted 3,500 registrants, Richard Snape, Head of Legal Training, joins host Lizzie Collin to answer the questions our audience most wanted addressed. Commercial Property Standard Enquiries (CPSEs) are standard pre-contract forms prepared by the British Property Federation and used in UK commercial property transactions, requiring sellers or landlords to disclose key information about title, the property’s condition and liabilities to ensure transparency before exchange. This Q&A-style episode tackles the practical and often contentious issues that arise when responding to CPSEs, including the risks of using “not aware” responses, whether sellers must highlight title defects in auction packs, and how far a seller’s duty of enquiry extends. The discussion also explores fire risk assessments, asbestos obligations, vacant properties, and the interaction between CPSE replies and potential misrepresentation liability. The episode further examines recent Building Safety Act requirements, including higher-risk buildings, safety case reports, leaseholder deeds of certificate, and common misconceptions around listed buildings and EPC exemptions. Throughout, the focus remains firmly on risk management as a failure to respond correctly to CPSE Enquiries may result in a negligence claim. Relevant cases: First Tower Trustees v CDS (Superstores International) Limited [2018] Sykes v Taylor-Rose [2004] Get in touch! Training & Free Webinars for Property Professionals: Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email djb.events@djblaw.co.uk for information and booking.    This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content.   Get in touch!

    17 min

  6. FEB 3

    LTA 1954: The Questions Everyone’s Asking

    Following our most popular webinar to date, with 3,900 registrants,  Richard Snape, Head of Legal Training, joins host Lizzie Collin to answer the questions our audience most wanted addressed on the Landlord & Tenant Act 1954. This Q&A-style episode dives into some of the trickiest and most topical areas of lease renewals, including grounds F and G, statutory compensation, and how evolving issues such as green lease clauses are beginning to affect renewal strategy. They also discuss the latest on the proposed ban on upwards rent reviews. Drawing on case law, the discussion cuts through the theory to focus on what landlords and tenants need to be thinking about now when navigating renewals under the Act — particularly in light of ongoing legislative change. Relevant cases: •Kensington and Chelsea London Borough Council v Mellcroft Ltd [2024] •Ambrose v Kaye [2002] •Cunliffe v Goodman [1950] •Gregson v Cyril Lord Carpets Ltd [1963] •Gatwick Parking Service v Sargent [2000] •Coppin v Bruce-Smith [1998] •Betty’s Café Ltd v Phillips Furnishing Stores Ltd [1959] •Vodafone Limited v Gravesham Borough Council [2025] •The Gulf Agencies Ltd v Ahmed [2016] •MVL Properties (2017) Ltd v The Leadmill Ltd (2025) •Bath v Prichard [1990] •WH Smith v Commerz Real Investmentgesellschaft [2021] •Clipper Logistics plc v Scottish Equitable plc [2022] •O’May v City of London Real Property Co [1983] Get in touch! Training & Free Webinars for Property Professionals: Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email djb.events@djblaw.co.uk for information and booking.    This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content.   Get in touch!

    20 min

  7. FEB 3

    Sacred or Statutory? Service Charges following Cloisters v Anvari

    In this Newsflash episode, Lizzie Collin is joined by Richard Snape, Head of Legal Training at Davitt Jones Bould, to unpack a Court of Appeal decision about an ecclesiastical setting. Cloisters Business Centre Management Company Limited v Anvari [2026] is about service charge liability in a former convent converted into mixed business and residential use and raises important questions about when statutory protections under the Landlord and Tenant Act 1985 are triggered. Richard and Lizzie explore how the Court of Appeal approached the definition of a “dwelling”, and why ancillary or intended residential use can be enough to bring statutory service charge controls into play, even where premises are predominantly commercial. The discussion covers: •The background to the dispute and the unusual mixed-use setup at Priory House •How the Court of Appeal interpreted “dwelling” under the 1985 Act •Why residential use doesn’t need to be obvious or dominant to matter •The consequences for landlords, tenants and advisers dealing with mixed-use buildings, and service charge consultation requirements. This case is a reminder that service charge recovery in mixed-use properties remains a sensitive area, and that assumptions about “commercial” buildings can quickly unravel upon closer inspection. Other cases mentioned: - JLK Ltd v Sleepy Hollow Ltd - Kensington and Chelsea v Mellcraft Get in touch! Training & Free Webinars for Property Professionals: Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email djb.events@djblaw.co.uk for information and booking.    This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content.   Get in touch!

    9 min

  8. JAN 27

    The Service Charge That Didn’t Stick: Tower Hamlets v Leaseholders

    In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould to discuss a recent Court of Appeal decision concerning London Borough of Tower Hamlets v Various Leaseholders.  The case arose from an attempt by London Borough of Tower Hamlets to recover the cost of major structural works through service charges. The Court of Appeal rejected the council’s arguments, holding that the leases did not permit those costs to be passed on, reinforcing important protections for leaseholders, particularly under right-to-buy leases. Richard explains the complex background behind the dispute, involving why The First-tier Tribunal (FTT) and Upper Tribunal found the leases did not allow these charges., and why the Court of Appeal dismissed the Council's appeal.   Richard and Lizzie explore: • Why landlords cannot assume historic or structural defects can be recovered via service charges • The broader context of ongoing debate aiming to make leasehold fairer • The contractual terms of the leases • How sections 11–16 of the Landlord and Tenant Act 1985 shaped the court’s approach  • Lessons for landlords and tenants. Other cases mentioned:  London Borough of Tower Hamlets v Various Leaseholders [2025] Quick v Taff Ely Borough Council [1985]    Get in touch! Training & Free Webinars for Property Professionals: Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email djb.events@djblaw.co.uk for information and booking.    This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content.   Get in touch!

    15 min
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Davitt Jones Bould presents Unpacking the Case, the podcast where we get the much-needed detail behind the cases shaping real estate law. With episodes every other week, be sure to join Richard Snape, our Head of Legal Training, for the latest insights. Want to know more? DJB covers the full spectrum of real estate issues from commercial property to planning, real estate finance, property litigation, construction, agriculture and other related areas.https://www.djblaw.co.uk/   https://www.linkedin.com/company/davitt-jones-bould  #realestatelaw #propertylitigation #commercialproperty #law #legal

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