Property experts: the key to victory?

• 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.