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Unpacking the Case - Real Estate Law Podcast

Davitt Jones Bould
Unpacking the Case - Real Estate Law Podcast
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  • Defining Long User: Lessons from Kingdom Hall Trust v Davies.
    In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould, to discuss the Upper Tribunal decision in Kingdom Hall Trust v Peter Robert Davies. They unpack the complexities of prescriptive easements, focusing on the requirement for a capable grantor and how charitable land status impacts the ability to claim easements.Richard and Lizzie discuss:• The background and legal fiction behind prescriptive easements and “lost modern grant”.• How the Tribunal approached the concept of a capable grantor in the context of charitable land.• The implications of the decision for landowners, developers, and practitioners dealing with historic land use and rights of way.This case highlights the evolving interpretation of prescription law and offers key insights into managing rights over land with charitable or ecclesiastical ownership.Other cases mentioned: Hughes v Incumbent of the Benefice of Frampton-on-Severn and OthersTraining & 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 [email protected] 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!
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  • *NEWSFLASH* Almacantar Centre Point Nominee No.1 Ltd & Anor v Penelope de Valk & Ors
    In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould to discuss the Upper Tribunal decision in Almacantar Centre Point Nominee No.1 Ltd & Anor v Penelope de Valk & Ors. They explore leaseholder protections under Part 5 of the Building Safety Act, including what constitutes a “relevant defect,” how cladding remediation is treated, and the implications for qualifying and non-qualifying leaseholders.Richard and Lizzie discuss: • How the Tribunal considered what constitutes a “relevant defect” under Part 5 of the Building Safety Act. • The significance of qualifying versus non-qualifying leaseholders in determining liability for service charges. • How the ruling clarifies the treatment of cladding remediation and structural safety risks. • Key takeaways for landlords, leaseholders, and practitioners managing building safety compliance and historic defects.The case highlights ongoing uncertainty in building safety law and demonstrates the importance of careful drafting, strategic advice, and understanding leaseholder protections when negotiating property rights. This episode explores the court’s approach to historic defects and cladding issues, offering insight relevant to those involved in service charge management.Other Cases Mentioned: Almacantar Centre Point Nominee No.1 Ltd & Anor v Penelope de Valk & Ors [2025]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 [email protected] 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!
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  • *NEWSFLASH* Another AP Wireless II v On Tower
    In this Newsflash episode, Lizzie Collin is joined by Richard Snape, Head of Legal Training at Davitt Jones Bould, to analyse the recent First-tier Tribunal decision in On Tower v AP Wireless II.This important case raises significant questions for both landlords and tenants in relation to periodic tenancies and tenancies at will, as well as their interaction with the Landlord and Tenant Act 1954 and the Electronic Communications Code.Richard and Lizzie discuss:How the Tribunal approached the distinction between a periodic tenancy and a tenancy at will.Why this distinction matters when determining security of tenure under the 1954 Act.The wider implications for operators and landowners in the telecoms sector, particularly where the Electronic Communications Code applies.Practical takeaways for landlords, tenants, and practitioners dealing with lease renewals and electronic communications agreements.The case highlights ongoing uncertainty in this area of law and demonstrates the need for careful drafting and strategic advice when negotiating property rights. For those advising on commercial property or telecoms infrastructure, this episode provides valuable insight into how the courts are likely to treat such disputes going forward.Other Cases Mentioned: AP Wireless II v On Tower [2025]Mannai Investment Co. Ltd v. Eagle Star Assurance [1997]Smoke Club Ltd and others v Network Rail Infrastructure Limited [2021]Valleyview v NHS Property Services [2022] Wheeler v Mercer [1956]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 [email protected] 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!
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  • Q&A on Commercial Leases Update - Including the Ban on Upwards-Only Rent Reviews
    In this episode, Richard Snape, Head of Legal Training, joins host Lizzie Collin to answer some of the audience questions from our latest webinar discussing Commercial Leases Update – Including the Ban on Upwards-Only Rent Reviews. They cover key issues such as stepped rents, index-linked reviews, contracting out, and the potential impact of these reforms on lease negotiations.Other Legislation Mentioned:English Devolution and Community Empowerment BillAP Wireless II v On Tower [2025] 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 [email protected] 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!
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  • Q&A on The Landlord & Tenant Act 1954
    In this episode, Richard Snape, Head of Legal Training, joins host Lizzie Collin to answer some of the audience questions from our latest webinar discussing the Landlord & Tenant Act 1954. They explore complex issues including pre-1954 Act ground leases, the risks of using tenancies at will, contracting out procedures, and how recent case law is shaping the interpretation of security of tenure.Other cases mentioned:Street v Mountford [1985] : https://www.djblaw.co.uk/post/building-blocks-street-v-mountford-1985Wheeler v. Mercer (1956)Jones v. Bridgman (1878)Javad v Aqil [1991]AP Wireless II (UK) Ltd v On Tower (UK) Ltd [2025]: https://www.djblaw.co.uk/post/newsflash-ap-wireless-ii-v-on-towerNewham Borough Council v Thomas Van Staden [2008]Mexfield Housing Cooperative Ltd v Berrisford [2012]Walsh v Lonsdale [1882]: https://www.djblaw.co.uk/post/building-blocks-walsh-v-lonsdale-1882Valley View Health Centre v. NHS Property Services (2020)Erimus Housing Limited v Barclays Wealth Trustees (Jersey) Limited  [2014]Clear Channel UK Ltd v Manchester City Council (2005) 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 [email protected] 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!
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About Unpacking the Case - Real Estate Law Podcast

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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