Property disputes often begin with a difference of opinion over a variety of issues. These may include building defects, workmanship, contractual obligations, professional negligence, valuation issues, dilapidations, compliance matters or causation. While parties can resolve some disagreements through negotiation, others require independent expert evidence. Knowing when to consider appointing an expert witness surveyor can help protect your position, clarify the issues in dispute and avoid unnecessary costs. The right property dispute expert witness can also help the parties understand the strengths and weaknesses of their positions.
Appointing an expert witness
Appointing an Expert Witness involves more than identifying a suitably qualified surveyor. The expert must have relevant experience, act independently and explain clearly how they reached their opinion. The fifth edition of the RICS professional standard Surveyors acting as expert witnesses will take effect on 30 November 2026. What should parties consider before making an appointment?
When to appoint an expert witness surveyor
Appointing an expert at an early stage does not necessarily mean litigation is inevitable. In fact, early advice can often help the parties assess the strengths and weaknesses of their respective positions. They can do this before incurring significant legal costs.
A surveyor acting as an expert witness may identify unsupported assumptions, inconsistencies or gaps in the available evidence. They may also identify issues that the parties have not yet considered. In some cases, they may highlight areas that require further information or investigation.
Equally, a preliminary opinion may confirm that a claim or defence has a sound evidential basis. Early expert involvement can also help narrow the issues, establish realistic expectations and support informed negotiations.
For example, an independent valuation may reveal that the difference between the parties is smaller than first thought. It may instead show that the dispute centres on a single decisive issue. In either case, timely advice can encourage settlement and help keep any proceedings focused and proportionate.
Choosing a property dispute expert witness
Before appointing an Expert Witness, parties and their legal advisers should consider several practical matters. The proposed property dispute expert witness should have relevant experience of the particular property type, market and subject matter of the dispute.
Professional qualifications are important, but appropriate practical and expert witness experience should support them. The parties should identify potential conflicts of interest at the outset. The expert should also have sufficient capacity to meet the required timetable. They should be available for meetings, joint discussions and any hearing or trial.
Defining the scope of the instruction
The parties should clearly define the scope of the instruction. The expert needs to understand the questions they must address and the relevant valuation date. They must also understand the available evidence and applicable procedural requirements. Clear instructions help avoid unnecessary work, duplication and later disputes over the expert’s remit.
Appointing a single joint expert
In some cases, the parties may appoint a Single Joint Expert (SJE) rather than instructing separate experts. An SJE is an independent professional whom both parties jointly instruct to provide an impartial opinion on specified matters.
Although both parties may rely on the report, the expert’s overriding duty remains to the court if the matter becomes litigious. Both parties normally agree and issue joint instructions, typically through their solicitors.
This approach can reduce the potential for conflicting expert evidence and streamline the process. It can also focus attention on the issues that genuinely divide the parties. An SJE appointment may be more cost-effective because the parties share the cost of one expert rather than each appointing their own.
However, its suitability will depend on the complexity of the dispute, the range of issues involved and the relevant procedural requirements.
Supporting the resolution of a property dispute
Early, carefully scoped input from an expert witness surveyor can promote realistic expectations and support meaningful negotiations. The right property dispute expert witness can help the parties clarify the key issues and reach a proportionate resolution.
Speak to our expert witness surveyors
If you are involved in a property dispute and need independent expert advice, our experienced expert witness surveyors can help. Contact Vickery Holman to discuss your circumstances and find out how carefully scoped expert input could support a proportionate resolution.
