Expert Witness Reports for Property Disputes – A Chartered Surveyor’s Guide

When legal disputes arise involving land, property or valuation, an Expert Witness Report can be a crucial piece of evidence. As a Chartered Surveyor and Registered Valuer based in the UK, I regularly act as an expert witness in cases ranging from leasehold disputes, compulsory purchase compensation and matrimonial valuations.

In this article, I explain what an expert witness report is, when it’s required, and what makes a good one – all from the perspective of a qualified property professional.

What is an Expert Witness Report?

An expert witness report is a formal document prepared by a qualified professional who is instructed to give independent opinion evidence to a court, tribunal or arbitration panel. It’s important to understand that the expert’s duty is to the court, not to the client who appoints them.

This means that even though I may be instructed by a solicitor, local authority or private client, my role is to provide an unbiased, professional opinion based on my expertise and experience in the property market.

When Are Expert Witness Reports Required?

Expert witness reports are commonly used in:

• Residential and commercial lease disputes (e.g. rent reviews, lease renewals under the Landlord and Tenant Act 1954)

• Compulsory Purchase Orders (CPOs) and compensation claims

• Valuations for matrimonial proceedings and divorce settlements

• Probate valuations and disputes over estate values

• Negligence claims involving property professionals or surveyors

These reports are often submitted to the County Court, Upper Tribunal (Lands Chamber) or as part of mediation and arbitration proceedings.

What Makes a Good Expert Witness Report?

As a practicing Chartered Surveyor, I ensure that every expert report I produce adheres to the following standards:

• Clarity – Written in plain English and accessible to non-specialists.

• Evidence-based – Supported by comparable evidence, technical data and professional reasoning.

• CPR Compliance – Fully compliant with Part 35 of the Civil Procedure Rules, including the mandatory Statement of Truth and Statement of Independence.

• Methodology explained – Clear breakdown of how the conclusion was reached, including assumptions or limitations.

• Impartiality – An objective, professional view that assists the court rather than advocates for one party.

All reports I prepare are also in accordance with the RICS Practice Statement: Surveyors Acting as Expert Witnesses, ensuring consistent professional standards.

Expert Witness vs Professional Witness – What’s the Difference?

A professional witness gives factual evidence (e.g. what they did, what they saw), whereas an expert witness is permitted to give opinion evidence based on their qualifications and experience.

Only a suitably qualified expert – such as a Chartered Surveyor – is authorised to provide opinion evidence on property valuation and technical matters in a court or tribunal.

My Experience as an Expert Witness

At Olden Property, I have been instructed in a variety of property-related disputes across the South East of England and beyond, including:

• Compensation claims for Compulsory Purchase

• Matrimonial valuations where assets are contested

• Disputes over residential and mixed-use property values

I can act as either a Party-Appointed Expert or a Single Joint Expert (SJE) where both parties agree to instruct one independent expert to reduce conflict and cost.

Why Use a Chartered Surveyor as an Expert Witness?

Choosing a RICS Chartered Surveyor provides assurance of professional competence, regulated practice and a strict ethical code. You also benefit from:

• In-depth market knowledge

• Experience in reporting for litigation and tribunals

• Compliance with legal and professional standards

• Trusted, court-ready documentation

Whether you're a solicitor, property owner, developer or private individual, an expert witness report from a qualified surveyor can be the key to resolving complex legal disputes effectively.

If you're unsure whether you need an expert report, or would like to discuss a matter in confidence, feel free to contact me directly.