What is the Role of an Expert Witness in Property Disputes?

At times, disputes in land, property and construction may require the services of an expert witness. Expert witnesses are professionals who provide objective and unbiased opinions on matters within their expertise.

There is no doubt that expert witnesses can be of significant value in matters of property management, and for surveyors. They can assist in disputes related to building surveying, commercial property, compulsory purchase, dilapidations, planning, development, retail, and valuation.

In terms of property matters, valuation, property management and landlord and tenant issues, expert witnesses can be used for:

·       Property valuations

·       Business valuations 

·       Boundary disputes

·       Party wall matters

·       Defect disputes

·       Contentious matrimonial proceedings, and many other issues.

How can an expert witness help in court?

Expert witnesses can be of great assistance to the court in providing expert evidence in a case and delivering professional and objective advice. Because the primary duty of an expert witness is to the court, this aspect overrides any obligation to the instructing and paying party or parties. Courts expect expert evidence to be independent, objective, and unbiased, with the primary duty to give an impartial opinion on particular aspects of matters under dispute, which are within their expertise. For example, RICS expert witnesses can assist the court on matters within their expertise across areas including building surveying, commercial property, compulsory purchase, dilapidations, planning, development, retail, and valuation. Both individuals and commercial entities can require the services of an expert witness.

Importantly, expert witnesses can provide independent reports compiled in conjunction with the Civil Procedure Rules, which can be beneficial to the court or tribunal in areas where they may need extra expertise or professional advice.

What are the qualifications a property expert witness should have?

It is always beneficial to avail RICS expert witnesses as they have the required qualifications to assist the court. In order to be admissible, an expert witness must:

·       be, and must be seen to be, independent and unbiased

·       provide advice only where it is within their expertise, experience and knowledge

·       state the main facts and assumptions their opinion is based upon

·       not omit material facts that might be relevant to their conclusions; and

·       must be impartial and uninfluenced by those instructing or paying them to give the evidence.

Frobishers can provide you with assistance if you are dealing with contentious property issues.

Our RICS registered Chartered Surveyors and experienced team can advise you on every aspect of complicated property issues, and can outline the steps that need to be taken to reach a satisfactory conclusion.

The benefits of availing our expertise include:

1. Impartial and objective opinion: We will provide unbiased and impartial opinions, based on our extensive expertise and experience.
2. Expertise in property matters: Our in-depth knowledge of property-related issues, such as valuation, construction defects, property management and boundary disputes, can help you resolve any contentious issues.
3. Support in legal proceedings: We can assist in legal proceedings by providing evidence and expert CPR 35 compliant reports to support a case.
4. Clarity and understanding: We can assure clarity in complex property matters and provide a better understanding of the issues at hand.