Property disputes sometimes involve technical questions that cannot be resolved simply through correspondence between the parties.
An Expert Witness Surveyor can provide independent professional opinion on matters falling within their area of expertise.
What can a surveyor provide expert evidence about?
Depending upon their expertise, a surveyor may provide evidence concerning:
- Boundary disputes
- Building defects
- Property condition
- Valuation matters
- Dilapidations
- Building works and damage
The precise scope will depend upon the dispute and the surveyor’s expertise.
What does an Expert Witness do?
An expert’s role is to provide independent opinion evidence.
This is different from acting as an advocate for one of the parties.
The expert should consider the relevant evidence, identify the technical issues and provide an impartial opinion within their area of expertise.
Do I need an Expert Witness if I have a survey report?
Not necessarily.
A normal survey report and an expert witness report can serve different purposes.
If a dispute has developed into formal proceedings, the court may have specific requirements concerning expert evidence, including the applicable procedural rules and the expert’s duties.
When should I instruct one?
Ideally, obtain advice before the dispute becomes unnecessarily advanced.
Early identification of the technical issues can help establish what evidence is actually required and whether expert evidence is proportionate.
Stokemont’s advice
Expert witness work requires a different approach from an ordinary building survey.
The report needs to address the relevant technical issues clearly and independently, while complying with the requirements applicable to the instruction.
Stokemont provides expert witness surveying services for property disputes, including boundary, defect, valuation and dilapidations matters.
