One of our key aims at Stokemont, and a central part of the way we approach boundary surveying, is to prepare our reports in a neutral, clear and straightforward manner.
Where possible, we hope that the findings of the report can provide a sensible basis for neighbourly discussion and ultimately help the parties reach an amicable resolution without the need for formal legal proceedings.
We do, however, recognise that this is not always possible. In some cases, the parties may remain unable to agree on the boundary position, even after the available evidence has been independently considered.
Where this occurs, the next logical step may be for the matter to progress through the appropriate legal process. If expert surveying evidence is required for civil proceedings, a CPR Part 35 compliant Expert Witness Report may then be necessary.
What Is a CPR Part 35 Expert Witness Report?
CPR Part 35 governs the use of expert evidence in civil proceedings.
An expert instructed under this framework has an overriding duty to assist the court on matters within their expertise.
This is a fundamentally different role from a surveyor providing ordinary client advice.
When acting as an Expert Witness, the surveyor must remain independent and objective, regardless of which party has instructed or paid them.
In a boundary dispute, this means the surveyor cannot simply adopt the client’s interpretation and build a case around it.
The evidence must be considered impartially.
When Might a CPR Part 35 Boundary Report Be Required?
A formal Expert Witness Report may be appropriate where:
- court proceedings have already commenced;
- solicitors are preparing for litigation;
- expert evidence has been requested;
- the boundary position remains disputed after earlier investigation;
- each party has appointed their own expert; or
- a Single Joint Expert has been instructed.
Not every boundary disagreement requires this level of reporting.
Many disputes begin with a standard Boundary Survey and only progress to Expert Witness evidence if the matter cannot be resolved.
What Evidence Will the Expert Consider?
The scope will depend on the individual dispute, but a CPR Part 35 boundary investigation may include consideration of:
- Land Registry title plans;
- title registers;
- conveyances and transfer plans;
- historic deeds;
- dimensions shown on older documentation;
- historic photographs;
- mapping where relevant;
- fences and walls;
- buildings and extensions;
- measured site information;
- previous survey reports; and
- evidence supplied by the respective parties.
The expert may also need to consider alternative interpretations of the same material.
An Expert Witness Report should not simply identify the conclusion reached. It should explain how that conclusion has been derived.
The Importance of Independent Opinion
Independence is central to the Expert Witness role.
A surveyor may be instructed by one party, but the professional opinion given must not be shaped to favour that party.
That means the expert may ultimately conclude that:
- the client’s preferred boundary position is not supported;
- the neighbour’s interpretation is more persuasive;
- parts of each position are supported; or
- the available evidence is insufficient to reach a definite conclusion.
This can sometimes be difficult for clients to hear, but it is an essential part of providing credible expert evidence.
An expert’s value lies in the independence of their opinion.
What Should a CPR Part 35 Boundary Report Contain?
A formal Expert Witness Report will generally go beyond the format of a standard Boundary Survey.
Depending on the instruction, it may address:
- the expert’s qualifications and experience;
- the instructions received;
- the documents and evidence reviewed;
- relevant site observations;
- measurements taken;
- assumptions made;
- the methodology adopted;
- competing interpretations of the evidence;
- limitations or uncertainties;
- conclusions on the issues within the expert’s expertise; and
- the required declarations and statements associated with expert evidence.
The report should distinguish clearly between fact, observation and professional opinion.
This is particularly important in boundary disputes, where historic documentation may be incomplete and evidence may conflict.
Standard Boundary Reports Are Not Automatically CPR Part 35 Compliant
This distinction is important.
A standard Boundary Survey Report is usually prepared to advise a client on what the available evidence appears to indicate. It is not automatically suitable for use as formal expert evidence in court.
If litigation is already contemplated, this should be made clear when the surveyor is first instructed. That allows the scope, reporting format and professional obligations to be considered from the outset.
Where a standard Boundary Survey has already been completed, it may sometimes be possible for the surveyor to accept a later Expert Witness instruction.
However, this should never be assumed.
The surveyor may need to:
- review additional evidence;
- undertake a further site inspection;
- reconsider earlier conclusions in the context of expert duties; or
- decline the instruction if they do not consider it appropriate.
What Happens After the Expert Report?
The expert’s involvement may continue after the initial report has been issued.
Depending on the proceedings, the surveyor may be required to:
- respond to written questions;
- review the opposing expert’s report;
- participate in expert discussions;
- prepare a joint statement;
- identify areas of agreement and disagreement; and
- provide oral evidence if required.
Where each party has instructed their own expert, the surveyors may be asked to meet and narrow the technical issues between them.
This can sometimes resolve substantial parts of the dispute before any final hearing.
What If the Experts Disagree?
It is not unusual for two boundary experts to reach different conclusions.
Boundary evidence is often interpretative rather than absolute.
The experts may agree on the measurements and documents but disagree on the weight that should be given to a particular historic feature or plan.
Where that happens, each expert should explain the reasoning behind their opinion.
The final legal determination remains a matter for the court where the parties cannot reach agreement.
CPR Part 35 Boundary Surveyors at Stokemont
Stokemont assists property owners, solicitors and professional advisers with formal boundary Expert Witness instructions.
Depending on the matter, our involvement can include:
- evidence review;
- measured site inspections;
- analysis of title and historic material;
- CPR Part 35 compliant Expert Witness Reports;
- written responses to questions;
- expert-to-expert discussions;
- joint statements; and
- further expert involvement where required.
If litigation is already underway or you expect the report to be relied upon in court, please make this clear when contacting us.
We can then review the circumstances and advise whether the proposed instruction falls within our expertise and whether a CPR Part 35 Expert Witness Report is appropriate.
If you need expert CPR Part 35 Boundary Surveying input, speak with our Surveying team today.
