What’s an expert witness survey and why do I need one?
Sometimes, disputes end up in court. Nobody ever wants that, but there’s no avoiding it when these things happen.
Expert witness surveys help the relevant parties divide their assets (including the property, its contents, and the grounds) and part as amicably as the circumstances allow.
GB Home Surveys provides expert witness surveys and can be called on to provide unbiased statements and reports for use in court.
We’ve put this page together to explain what these surveys involve, when they’re needed, and what you should do next.
What is an expert witness survey?
An expert witness survey is called by a court. They’re used to settle disputes by accurately summarising a property’s value and condition.
Sometimes, things in life simply don’t go smoothly or don’t follow one’s pre-imagined plan. That certainly applies to each and every one of us. Expert witness surveys are helpful in the following circumstances (and more):
- Probate hearings
- Inheritance tax hearings
- Divorce settlements
- Commercial disputes
Expert witness surveys involve a recognised, experienced chartered surveyor visiting the property. They’ll produce a thorough, detailed report and submit it to the relevant lawyers or directly to the court.
The nature of these cases means a signed statement is also essential. The chartered surveyor will produce or sign off on a document explaining their position and why they can be trusted to produce an accurate, unbiased overview.
Although these situations are never pleasant, having an expert chartered surveyor back your claims up will save time and money, preventing the case from dragging on any longer than it has to.
Why are expert witness surveys needed?
Expert witness surveys are needed so the courts can decide on the fairest and most just outcomes for the relevant parties.
Home values change (even by the month, as we saw first-hand during COVID). Although they always go up in the long run, they peak and trough along the way.
For example, a person and their ex-spouse may have bought a home together for £200,000 ten years ago. During divorce proceedings, this asset value must be divided between them. But it’s most likely worth more than £200,000 now, so how much should each party get?
Scrolling through Rightmove for nearby house prices doesn’t give an accurate understanding of the local market. It’s not enough for a court. You could ask an estate agent to value your home, but they often focus on the highest possible value.
You need an independent, court-appointed chartered surveyor for the best, most accurate estimate. It’s also critical that they have no conflict of interest. For instance, they shouldn’t be related, live on the same street, or be a close friend.
Ensure you use a trusted RICS chartered surveyor. That way, you can rest assured that the outcome will be fair to all involved and that the case shouldn’t ever reopen again.
When do you get an expert witness survey?
Expert witness surveys are needed in less-than-ideal, naturally stressful circumstances. It can be difficult to remember to get an expert witness survey instructed, which is where your lawyers and solicitors will help.
In most situations, an expert witness survey will be arranged as soon as a particular dispute is definitely going to court (but before the actual hearings). The findings of this report will be presented in the courtroom and listened to by the judge or magistrate.
You might find expert witness statements and reports provided by both (or all) parties involved.
In some cases, expert witness surveys are instructed to help bring an end to a long ongoing court battle.
GB Home Surveys provides expert witness surveys
GB Home Surveys is based throughout the South-West, West Midlands and South Wales. Our team of chartered surveyors is spread out across various regional offices, providing RICS residential surveys to local communities.
They’re all qualified and experienced RICS members, and we trust each one to do the job to the best of their ability.
If you’re faced with challenging, worrying circumstances requiring an expert witness survey, let us first offer our sympathy. Our expert witness surveys are all completed under strict RICS guidelines, with reports produced to the highest of qualities.
Do you live near one of our locations? If so, we can help. Drop us a message using the form below for a commitment-free, gentle chat. We’ll get back to you as soon as we can.
