header-logo header-logo

Property experts: the key to victory?

29 April 2022 / Andrew Francis
Issue: 7976 / Categories: Features , Property , Expert Witness
printer mail-detail
79778
Andrew Francis provides a masterclass on how best to deploy an expert witness in a property dispute
  • How to go about appointing an expert for a real property dispute, eg those relating to boundaries, easements, or restrictive covenants.
  • How to instruct the expert once they have been appointed, and how to use them most effectively.
  • The duties and expectations of the expert.

This article considers a problem which the author (and it is believed others) frequently encounter when expert evidence is required in real property disputes. Its emphasis will be on the practical issues raised where the context of the dispute is one of either boundaries, easements, or restrictive covenants. The specific focus will be on:

a) how to appoint an expert;

b) what questions to ask when considering the appointment;

c) what the terms of appointment must cover; and

d) what the expert must do before, at and after the appointment stage.

It might be thought while reading this article that much of it is too obvious to state.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll