Expert witness reports
Our expert witness reports are all Civil Procedure Rules (CPR) compliant and follow the RICS Practice Statement – Surveyors Acting as Expert Witnesses, 4th edition 2014, amended August 2020
OUR CAPABIITIES
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WHAT IS EXPERT WITNESS?
The role of expert witnesses is to assist the tribunal by providing objective, unbiased opinions on matters within their expertise and make it clear when a question or issue falls outside of their expertise or if they are not able to reach a definite opinion.
The role of expert witnesses is to assist the tribunal by providing objective, unbiased opinions on matters within their expertise and make it clear when a question or issue falls outside of their expertise or if they are not able to reach a definite opinion.
As a surveyor actively involved in a dispute that may come before a tribunal, you may find yourself carrying out one or more roles, including that of an expert witness. Your primary duty as an expert witness is not to a client but to the tribunal where your expert witness report and evidence given:
- must be, and must be seen to be, your independent and unbiased product, and fall within your expertise, experience and knowledge
- must state the main facts and assumptions it is based upon, and not omit material facts that might be relevant to your conclusions; and
- must be impartial and uninfluenced by those instructing or paying you to give the evidence.
You must only act as an expert witness and give expert evidence where you have:
- the ability to act impartially in the assignment
- the experience, knowledge and expertise appropriate for the assignment; and
- the resources to complete the assignment within the required timescales and to the required standard.
We accept instruction as either a single expert or a single joint expert. The objective of a tribunal in appointing a Single Joint Expert (SJE) is for each case to be dealt with judicially according to the circumstances, so all parties are on an equal footing and costs are minimised, at the same time ensuring that all matters are dealt with expeditiously and fully.
WHERE WE CAN HELP
Boundary Disputes
A boundary dispute is a dispute that arises between owners or occupiers of neighbouring properties. Sometimes, but not always a boundary dispute will arise when one party constructs a fence, wall or building in a position which highlights that the two neighbours have different views as to where the boundary lies.
Leasehold Reform
The Leasehold Reform, Housing and Urban Development Act 1993 (“the Act”) provides leaseholders with the right to extend their lease; subject to certain qualifying criteria being met. In brief, the Act provides the leaseholder with a right to extend the lease term by a further 90 years and extinguishes the ground rent. This is known as a statutory lease extension. The right is one of compulsion, as historically a Freeholder could demand a premium at its discretion or refuse a lease extension carte blanche. If a party cannot agree on premium, application can be made to the First Tier Tribunal for determination. We can represent you at the Tribunal. Professional advisers working on behalf of both parties would try and negotiate a price first to avoid delays and costs.
Restrictive Covenants
Restrictive covenants are binding conditions that are written into a property’s deeds or contract by a seller to determine what a homeowner can or cannot do with their house or land under particular circumstances. They can cover a wide range of issues, but the most common examples tend to include:
- preventing owners from making alterations to a property (such as building an extension or converting a house into flats, for example)
- preventing buildings or other substantial structures from being erected on a section of land or
- preventing trades or businesses from operating on the land.
Valuations
A matrimonial valuation refers to the value of assets determined for the purposes of assisting divorce proceedings or the dissolution of a civil partnership. Usually the home is the greatest financial asset and a special part of the family, which is why it often plays a key part in settlements.
Easements
An easement is the legal right to exercise privileges over another person’s land. This means either the public or an individual can cross or use someone else’s land for a range of purposes. Easements are commonly in the form of rights of way, rights of access and rights of drainage or utilities.
Construction Disputes
Disputes, and the resolution of those disputes, are a reality for those operating in the construction industry. When disputes arise, we can assist you in resolving them favourably. Construction projects involve complexity. The works being carried out are often complex and so are the contractual documents governing the parties’ relationship, and the applicable legal principles.
The result is that when a dispute does occur, expert legal advice will be required on the myriad of factual, technical and legal issues that arise and the best tactical approach to be adopted in order to resolve the dispute favourably.
Diminution in value
Diminution in value is a method of calculating damages owed to a harmed party after another party breaches a contract. The damages are calculated by subtracting the market value of the object of the contract as performed from the value of the contract as promised.
FREQUENTLY ASKED QUESTIONS
WHAT IS CHECKED IN A FULL SURVEY?
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DOES A BUILDING SURVEY INCLUDE PLUMBING?
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WHAT DO I DO WITH BAD SURVEY RESULTS?
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WHY CHOOSE MAGOWANS
OUTSTANDING SERVICE
We are a small, agile company, working at our clients’ convenience. We pride ourselves on providing a timely service and strive for the best outcome every time.
EXPERT ADVICE
Our highly-qualified team are perfectly placed to guide you through the whole process and provide specialist advice to help you make informed decisions.
VALUE
Our reports regularly save our clients thousands of pounds and help them avoid the pitfalls that come with property. We aim to bring value to every project.
COMMUNICATION
You will find the team at Magowans to be proactive and responsive, always happy to discuss your project and explain things in a clear manner.
FEATURED PROJECT | EXPERT WITNESS
98 Wakeman Road – Japanese Knotweed
Millionaire cycling tycoon sues neighbours over Japanese knotweed which he claims is
infesting his £1.6million London home.
Chartered surveyors and property consultants helping customers to protect your property interests