Unpacking the Case - Real Estate Law Podcast

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!

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!

Imagine waking up one morning to discover you've gained a few metres of beach... or lost half your garden to the sea. It sounds like bad luck, but English property law has had an answer for this since Roman times. In this episode we're looking at three wonderfully obscure words, accretion, diluvion and avulsion.
On the next stop of their coastal road trip, Richard and Lizzie explore one of the oldest and most unusual areas of property law: the legal consequences of a changing coastline.
The principles of accretion, diluvion and avulsion date back to Roman law, yet they continue to determine ownership of coastal land and riverbeds today. Despite their importance, remarkably little modern case law exists, leaving lawyers to rely on legal principles that are centuries old.
 In this episode of ‘When Land Meets the Sea’, Richard and Lizzie explain how the law deals with land that nature quietly gives... and quietly takes away.
 They discuss:
• What accretion, diluvion and avulsion actually mean (without the Latin headache)
• Why ownership boundaries can move naturally over time
• The legal difference between gradual erosion and a sudden landslide
• How these principles apply to both coastlines and riverbeds
• The case of Gifford v Lord Yarborough (1828) and why it still matters today
• Who owns newly formed land created by natural processes
• What happens when coastal erosion causes land to disappear
 As rising sea levels, coastal erosion and changing river systems become increasingly significant, these legal principles remain relevant. Whether you're a coastal landowner, developer, surveyor or simply fascinated by the law of the shoreline, this episode uncovers how nature can quietly redraw legal boundaries without anyone signing a document.
‘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:
Gifford v Lord Yarborough (1828)
Ramsbury Properties Ltd v Oceanview Construction Ltd [2024]
Attorney-General of Southern Nigeria v. John Holt & Co. (Liverpool) Ltd. [1915]
Southern Centre of Theosophy Inc v State of South Australia [1982]
Lynn Shellfish Ltd v Loose [2016]
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!

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!

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!