Show Notes
From coastal paths to private estates, golf courses to historic garden developments, the West Country has quietly generated case law on easements and covenants. Drawing on cases including Re Ellenborough Park, Wilkinson v Kerdene, Jelbert v Davis, Churston Golf Club v Haddock and Stenner v Teignbridge District Council, Richard and Lizzie explore how legal rights over land can bind owners long after the original deal was struck. In this episode, Richard and Lizzie discuss: • What actually co...
More from Unpacking the Case - Real Estate Law Podcast
Just when you thought you'd caught up with the latest telecoms mast cases, another one arrives. In yet another On Tower UK v AP Wireless case, the County Court was asked to consider whether a section 26 request under the Landlord and Tenant Act 1954 was valid and how the boundaries of the property in question should be identified. It may be a case about mobile phone masts, but the lessons go much wider. The decision highlights the importance of accurately defining the premises, understa...
Not So Far As Aware... Or Are You? In this special audience Q&A episode of Unpacking the Case, we're answering your questions about misrepresentation, pre-contract enquiries and avoiding liability in property transactions. Hosts Richard and Lizzie explore the meaning of phrases such as "not aware" and "to the best of the seller's knowledge", discuss what counts as "reasonable steps" when responding to enquiries, and examine issues ranging from dry rot and neighbour disputes to asbestos re...
Quiet enjoyment is one of the most quoted rights in property law, but what happens when a landlord needs vacant possession to carry out urgent structural repairs? In this episode of Unpacking the Case, we explore the High Court decision in MSA Properties Ltd v The Drapery Northampton Ltd [2026] EWHC 1420 (KB), a case that tested the balance between a landlord's repairing obligations and a tenant's right to quiet enjoyment. Following the collapse of a ground floor ceiling, investigations revea...
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...
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 t...