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.Visit our website: https://www.djblaw.co.uk  #realestatelaw #propertylitigation #commercialproperty #law #legal 

  1. 1d ago

    The Court of Appeal Cracks Down on Box Shifting: City of London v 48th Street Holdings

    In this newsflash episode hosts Richard and Lizzie discuss the business of tax dodging, something called box shifting which is people moving boxes around empty buildings to avoid paying business rates. Richard Snape examines the Court of Appeal decision in City of London Corporation v 48th Street Holdings Ltd and Principled Offsite Logistics Ltd. The case involves the controversial practice known as "box shifting", where temporary occupation of an empty property has been used to trigger a new period of empty rates relief. The Court of Appeal was asked to consider whether these arrangements amounted to genuine occupation or a rates avoidance scheme. Is it game over for box shifting? Richard breaks down the facts of the case, explains the court's reasoning and explores what the judgment means for landlords, owners, investors and anyone responsible for managing vacant commercial property. If you own, occupy or advise on commercial real estate, this is a decision you need to understand.  Relevant cases: John Laing & Son Ltd v Assessment Committee for Kingswood Assessment Area [1949] R (Makro Properties Ltd) v Nuneaton and Bedworth Borough Council [2012] Sunderland City Council v Stirling Investment Properties LLP [2013] Principled Offsite Logistics Limited v Trafford Council and Others [2018] Hurstwood Properties (A) Ltd and others v Rossendale Borough Council and another [2021] Public Health England v Harlow District Council [2021] Southwark London Borough Council v Ludgate House Ltd [2020] Global 100 Ltd v Jimenez & Ors [2022] Kenya Aid Programme v Sheffield City Council [2013] 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!

  2. Sep 8

    It's Mine, Just Not on Paper Yet: Bennetts Courtyard Limited V Bennetts Courtyard Airspace

    Who do you serve notice on when ownership has changed but Land Registry records haven't caught up? In this episode of Unpacking the Case, we explore the High Court's decision in Bennetts Courtyard Limited v Bennetts Courtyard Airspace Limited [2026] EWHC 1119 (Ch). The case involved a valuable airspace worth around £1.5 million, and an important problem known as the registration gap. This is a common issue as transfers of whole can take around 16-19 weeks for the Land Registry to process. A transfer of the freehold had completed, but the new owner had not yet been registered at HM Land Registry. Millions of applications hit the Land Registry’s system monthly, creating bottlenecks. When leaseholders served a collective enfranchisement notice, they served it on the equitable owner rather than the legally registered proprietor. The High Court confirmed that this was a fatal mistake. This episode highlights the significant consequences that can arise from getting the notice procedure wrong. Richard and Lizzie discuss what the decision means, why the distinction between legal and equitable ownership remains so important, and the steps that parties should take before serving statutory notices.  Relevant Cases & Legislation: Pye v Stodday [2016] Leasehold Reform, Housing and Urban Development Act 1993 East Lindsey District Council v Thompson (2001) Brown & Root Technology Ltd v Sun Alliance and London Assurance Co Ltd [1997] Sackville Property Select II (GP) No.1 Ltd & Anor v Robertson Taylor Insurance Brokers Ltd & Anor [2018] Baker v Craggs [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!

  3. Aug 28

    Community Rights, Council Land and ACVs: Q&A Episode

    Can a community stop a local pub being sold? Will councils face new restrictions when disposing of land? What are the proposed changes to Assets of Community Value (ACVs)? In this Q&A episode of Unpacking the Case, we answer your questions surrounding Assets of Community Value and the disposal of local authority land. Hosts Richard and Lizzie discuss ACVs and what community groups should be watching for as further legislation and guidance develops. Richard also explores the issues that arise when councils dispose of land, including the Crichel Down Rules, open space disposals, selling at an undervalue and the balance between obtaining best value and delivering wider social and environmental benefits.  Whether you are a local authority, developer, landowner or community organisation, this episode provides some answers to your questions on this fast-moving area of law. Topics covered: Assets of Community Value (ACVs)Community right to buyMoratorium periods and disposal restrictionsValuation and compensationCrichel Down RulesLocal authority land disposalsOpen space and allotment landSocial value and best value considerationsGet 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!

  4. Aug 25

    The Dog-Proof Fence That Ended Up in the Court of Appeal: Todd v Marsh

    Where exactly is the boundary between neighbouring properties, and can an informal agreement between neighbours settle the issue?  In this episode of Unpacking the Case, we explore Todd v Marsh [2026] EWHC 1701 (Ch), a decision that attracted national attention and provides valuable insight into how boundary disputes are approached by the courts. The case centres around a dog and deer proof fence that was moved by the neighbours. In reaching its decision, the Court considered a range of important authorities spanning more than 250 years, including Penn v Lord Baltimore (1750), Neilson v Poole (1969), Gibson v New (2021), White v Alder (2025) and Bishop v Jacques (2025).  Our Head of Legal Training Richard Snape looks at what these cases tell us about informal boundary agreements and certainty of ownership. This episode offers insight into an area of property law where a few inches of land can lead to years of litigation.  Relevant Cases: White v Alder [2025] Bishop v Jacques [2025] Penn v Lord Baltimore (1750) Neilson v Poole [1969] Gibson v New [2021] 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!

  5. Aug 19

    When Land Meets the Sea: Can a Beach Become a Village Green?

    As their coastal road trip continues, Richard and Lizzie turn their attention to village greens. Despite the name, a village green does not need to be in a village, nor does it need to be green. Quarries, industrial land, playing fields and even beaches have all been the subject of village green claims.   In this episode of ‘When Land Meets the Sea’, Richard explores the West Beach in Newhaven and the Supreme Court decision in R (Newhaven Port & Properties Ltd) v East Sussex County Council [2015]. The case raised a fundamental question: can land used by local people for recreation become a village green, even when it forms part of a working commercial port?   Richard and Lizzie discuss: • What qualifies as a town or village green under English law  • Why a beach can potentially become a village green  • The legal test of public use "as of right"  • The difference between using land by permission and using it as a legal right  • How local recreational use can create powerful rights over land  • Why the Supreme Court ruled that Newhaven's West Beach could not be registered as a village green  • The concept of "statutory incompatibility" and its impact on ports, infrastructure and public bodies  • What the decision means for coastal landowners, harbour authorities, developers and local communities   The Newhaven case highlights the often delicate balance between public access, community interests and the operational needs of critical coastal infrastructure.    Whether you are involved in coastal development, public sector property, ports, regeneration projects or simply enjoy exploring Britain's beaches, this episode offers a fascinating insight into the hidden legal rights that can exist beneath our feet.   ‘When Land Meets the Sea’ is a podcast series exploring the legal, commercial and environmental issues shaping the future of Britain's coastal communities.   Relevant cases:  TW Logistics v Essex County Council [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!

    When Land Meets the Sea: Can a Beach Become a Village Green?

  6. Aug 19

    When Land Meets the Sea: Drawing a Line in the Sand

    In this episode of When Land Meets the Sea, Richard Snape and Elizabeth Collin continue to explore the law of the foreshore, the strip of land lying between high and low water marks that forms the ever-changing boundary between land and sea. Drawing on cases including Attorney-General v Chambers (1854), Blundell v Catterall (1821) and Bocardo SA v Star Energy Weald Basin Ltd (2010), Richard unpacks who owns the foreshore, the extent of public rights over beaches, and how the law balances private ownership with public access. The episode also examines the development of the England and Wales Coast Path, exploring how these coastal access routes have expanded opportunities for the public to enjoy the coastline while raising important questions about land ownership, and access rights. From Victorian disputes about bathing on the beach to modern debates about access, ownership and development, this episode reveals how centuries of property law continue to shape the way we use, enjoy and protect our coastline today. Whether you are a landowner, developer, surveyor, property lawyer, local authority officer or simply someone who enjoys a walk along the coast, this episode offers an introduction to the legal issues that lie between the land and the sea. Cases discussed include: Attorney-General v Chambers (1854) Bocardo SA v Star Energy Weald Basin Ltd (2010) Blundell v Catterall (1821) Malcomson v O'Dea (1863)  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!

    When Land Meets the Sea: Drawing a Line in the Sand

  7. Aug 19

    When Land Meets the Sea: Living on the Edge (Literally)

    Who is liable when nature destroys your property? Imagine buying your dream coastal property, only to discover that the cliff beneath it is slowly disappearing. As Richard and Lizzie continue their journey around Britain's coastline, they tackle one of the most dramatic consequences of coastal erosion: what happens when the land beneath your property literally falls into the sea? From collapsing hotels to cliff-top homes and protected coastlines, this episode explores who bears the legal risk when nature takes its course. Drawing on cases including Holbeck Hall Hotel v Scarborough Borough Council, Taylor v Diamond and R (Boggis) v Natural England, Richard and Lizzie examine how the law balances private property rights with the natural movement of the coastline. As coastal erosion accelerates around the UK, these cases are becoming increasingly relevant for anyone involved in coastal development, planning or property ownership. They demonstrate that while the law cannot stop the sea, it plays a crucial role in determining where responsibility begins, and ends. ‘When Land Meets the Sea’ is a podcast series exploring the legal, commercial and environmental issues shaping the future of Britain's coastal communities.   Relevant Cases: Taylor v Diamond [2012] Holbeck Hall Hotel v Scarborough BC [2001] R (Boggis & Anor) v Natural England [2009] 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!

    When Land Meets the Sea: Living on the Edge (Literally)

  8. Aug 19

    When Land Meets the Sea: The Boats that Claimed the Thames

    Moorings, the Thames and Adverse Possession. Can a boat help you acquire land? What rights come with a mooring on the River Thames? How does adverse possession affect riverside property owners? In this episode of When Land Meets the Sea, Richard Snape and Elizabeth Collin explore mooring rights and adverse possession along one of Britain's most famous waterways: the River Thames. Richard discusses how long-term occupation of land adjoining the river can give rise to adverse possession claims, and the legal issues that arise when moorings, boundaries and ownership rights become blurred over time. The episode explores the legal issues affecting landowners, developers, marina operators, local authorities and those living and working along the Thames. Cases discussed include: Port of London Authority v Ashmore [2009] Port of London Authority v Tower Bridge Yacht & Boat Co Ltd [2013] Couper and Another v Albion Properties Ltd and Others [2013] Port of London Authority v Paul Mendoza [2017] 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!

    When Land Meets the Sea: The Boats that Claimed the Thames
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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.Visit our website: https://www.djblaw.co.uk  #realestatelaw #propertylitigation #commercialproperty #law #legal 

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