If a property dispute is heading towards court, sooner or later someone says “we need an expert witness”. Here is what that actually means in surveying disputes, what the expert does, and why the right one often ends the case before trial.
What is an expert witness?
An expert witness is a specialist instructed to give independent, technical opinion evidence to a court or tribunal – not to argue for whoever pays them. In England and Wales their duties are set by Part 35 of the Civil Procedure Rules (CPR): the expert’s overriding duty is to the court, their report must be impartial and reasoned, and it ends with a signed statement of truth. That independence is precisely what makes expert evidence powerful – and what separates it from a professional simply supporting their client.
What does an expert witness surveyor cover?
In property disputes, chartered surveyor experts typically report on: boundary positions, building defects and workmanship, disputed valuations, dilapidations claims, housing disrepair, party wall damage and professional negligence by other surveyors or valuers.
Single joint expert vs party-appointed
Courts increasingly prefer a single joint expert (SJE) instructed by both sides – cheaper, faster and harder to dismiss. Party-appointed experts remain common in higher-value or more technical claims, where each side’s expert reports and then both meet to narrow the issues.
Why it matters early
Most cases settle. A clear, CPR-compliant expert report early in a dispute reframes the negotiation around evidence rather than positions – which is usually when sensible offers appear. Instructing an expert late, after positions have hardened, costs more and saves less.
Solicitor or party to a property dispute? Our CPR Part 35 expert witness surveyors act as party-appointed or single joint expert across London and nationwide. Call 020 4579 8270 or request a CV and fee quote.