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When Should I Use An RICS Expert Witness Surveyor

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  • 24-08-2022
When Should I Use An RICS Expert Witness Surveyor

What are RICS expert witness surveyors? Kent Property Witness offer RICS expert witness surveyor services for Tonbridge and Kent. Find out more about the areas of expertise of a property surveyor when consulted as an expert witness.

Calling on the expertise of a surveyor or expert witness is considered the cheapest form of third party intervention, especially in a case when the cost of a surveyor service is split equally between both parties. We highly recommend that one or more parties seek professional legal advice, as this can press one side into the desired response you need, especially with all the costs at stake that these issues can involve.

Professional legal advisors in the UK will then instruct your hired surveyors to thoroughly assess all the disputes' technical implications and curate formal reports that they can submit to a judge during a trial. In some circumstances, surveyors are encouraged to attend court, giving a formal verbal testimony; however, they mostly rely on their expertise and their negotiation skills between both parties.

It is their job to carry out the necessary assessments and inspections to uncover the essential evidence they can present in a court of law. 

What does a Surveyor do when acting as an Expert Witness?

A surveyor acting as an expert witness will typically conduct a formal visit to the household or property where the dispute began. Once there, it is their job to collect all the essential information and evidence regarding the property's history, the building regulations, title deeds of the property, photographs, OS or building surveys and any identification of physical features on the ground.

It's paramount that they present findings from both sides of each issue and compile them into a thorough report. They must follow the instructed requirements stated in Practice Direction 35, clearing up any issues outside the lawyer's or judge's expertise and detailing their opinion within the boundaries of the legislation. If they discover insufficient points made to curate a judgement, they are hired to present the truth in a just way. 

WHAT IS A EXPERT WITNESS SURVEYOR?

Areas of Expertise

At Kent Property Witness Ltd, our staff provide clients with high-quality, dependable expert witness advice concerning probate, commercial disputes, matrimonial and professional negligence claims.

The institute fully qualifies our Expert Witness team with a thorough understanding of the legal context of all sectors. We ensure that our experts are entirely compliant with all necessary Civil Procedure Rules, Part 35.

They follow all associated county court protocols and guidelines, especially those members of the RICS (Royal Institution of Chartered Surveyors) and all aspects of Practice Statements.

If you are interested in any of the following services we can offer through our many areas of expertise, don't hesitate to get in touch with our company number or email address. Our friendly staff will be there to assist with any legal dispute you may be struggling with. 

What Are RICS Expert Witness Surveyors

 Valuation

We are fantastic, trustworthy professionals specialising in surveying and expert witness valuation for a wide range of sectors and applications, for example, medical, leisure, retail, offices, and development land.

Our company operates on behalf of legal advisors, property funds and banks, private property companies and local authorities. Our staff are well within their right and skill-set to provide valuation negligence claims, matrimonial disputes, restrictive covenant valuations and disputes, and litigation purposes. 

 Development & Land

We have a host of expert witness surveyors with specific expertise in Development Viability Reports alongside preparing materials and expert evidence for option agreements and the valuation of development land.

They are also responsible for Section 106 obligations and Gross Development Value. Chartered building surveyors at {company_ name} Ltd are also capable of assisting developers with housing provisions that are most affordable and advising them on the developments of the feasible proportions of social housing.  

 Expert Witness & Dispute Resolution

Construction disputes can generally develop, often toward the middle or end stages of a building project, when there could have been misunderstandings regarding their project.

Perhaps the client has expressed disappointment in the quality of work that the builders have carried out.

There could be an issue with the party walls between two neighbours, or relationships may have become strained throughout the new build project due to a conflict of ideas with the project management or architects.

When neither can reach a practical agreement, it can become frustrating for both parties and those involved. Professionals will usually advise them to call in an experienced, fully qualified expert witness or surveyor for efficient dispute resolution.

Your surveyor is inclined to carry out detailed inspections once gaining access to your property and pose recommendations or physical repairs that will help remedy the situation. 

EXPERT WITNESS & DISPUTE RESOLUTION

 Lease Advisory

At some stage, lease renewal and rent review referred to an Arbitrator or an Independent Expert, Kent Property Witness Ltd's accredited expert witness surveyors harness a wealth of expertise on behalf of tenants and landlords.

Lease advisors have a wide range of knowledge and trustworthy opinions on various completed commercial properties, including offices, hotels, retail, nurseries, industrial warehouses, medical centres and schools. 

 Compulsory Purchase

Kent Property Witness Ltd offer professional, expert witness compulsory purchase reports for all manner of clients experiencing some form of property dispute. They can offer excellent, unbiased advice to resolve the issues you're facing through arbitration as a reference to the Upper Tribunal or Lands Champer.

We can provide efficient advice for all claimants and acquiring authorities according to the compulsory investment of land and rights. 

Can a Surveyor help me to win my case?

All professional information that surveyors provide to a judge during a trial will generally assist in deciding their ruling tribunals. However, many surveyors called to the courts must be unbiased, disclosing their full opinion without any essential details undisclosed. Not disclosing small details could ultimately affect the judges' final decision and put another party at an unfair disadvantage.

Expert Witness Reports

By definition, an expert witness is an experienced professional whose educated opinion is often accepted as 'expert' by judges in a court of law due to their level of skill, training and certification.

Events and issues like disputes often end up in court after two opposing sides have not reached a mature, practical agreement on a property or specific asset.

Suppose your case is being taken to court; at this stage, we encourage you to consider hiring an expert witness.

Their years of extensive experience in the industry allow them to curate carefully considered evidence to present to a judge that will ensure the outcome is fair and just for both parties.

In some cases, the evidence that an expert witness presents in a formal trial could tip the balance favouring a specific side; however, they are typically immune to cognitive biases. It is their duty to be reliable and trustworthy. 

EXPERT WITNESS REPORTS

Are you looking for advice about property valuation? 

Contact us and give us a call about any information or advice about property valuation.