Ian Bullock MRICS
Expert Witness Reports
“An Expert Witness, is a person whose opinion by virtue of education, training, certification, skills or experience, is accepted by the judge as an expert”. In the event of a dispute, sadly often circumstances often end up in court. This is the time to consider the role of the Expert Witness. In so many cases, it's our carefully considered evidence, based upon many years of experience within the industry, that can ensure a fair and just outcome to the case. Often, the evidence put forward in a trial by an Expert Witness can be a deciding factor in tipping the balance in favour of a well-informed, reliable well considered judgment. Ian Bullock MRICS is the Expert Witness at Carpenter surveyors and can provide reports to support court cases.
Ian Bullock's role as an Expert Witness
To be an Expert Witness, you need to be an expert. This may sound like an obvious statement but note that an expert is not the same as an Expert Witness! An expert offers special expertise in a particular field. As an Expert Witness however, he or she needs to offer additional skills and abilities. Courtroom skills and report writing, for example, which can be enhanced by training and developed over time. At Carpenters, our extensive training and experience supported through the RICS Expert Witness Certification programme will ensure we meet the highest standards possible. When in court, the Expert Witness methodically presents opinion evidence based on evidence of fact. The subsequent report, which the Expert Witness also prepares, would be written within a specified time scale in compliance with specific legal guidelines and Ian is available to produce these.
Ian Bullock the Expert
The expert at Carpenters is Ian Bullock he has specialist knowledge not commonly held, or likely to be understood by a layman. When there is no intention to place an experts opinion before the court, that person is referred to as an expert advisor and may take on a number of behind-the-scenes roles,Ian can also take on this role if instructed.
The Expert Witness
To summarise, an Expert Witness is also an expert, but one whose specialist knowledge supports considered opinions which may be placed before a court (or other judicial or quasi-judicial body – for example, a tribunal or arbitration). Fundamentally, the role of the expert witness is to provide technical analysis and opinion which will assist the court in reaching its decision. The opinion evidence put forward by the Expert Witness is based on evidence of fact, again this role can be achieved by instructing Ian Bullock at Carpenters surveyors.
Boundary Disputes can be one of the most stressful events in the ownership of property. That's why, it's not only sensible, but a relief to hand over the responsibility to your lawyer and a competent boundary surveyor you can trust.
Get advice early
The longer you leave it the more it is likely to cost with potential mounting court costs and legal bills. You need to get in early, establish the facts and process and take control.
Boundaries are not a precise science
It is important to understand that boundaries are not a precise science mainly because the scale of plans used to define boundaries is very small. Often despite the best efforts of the original builder, boundaries are often put in the wrong place initially. As boundaries are replaced by property owner's they can get unintentionally moved. Sometimes even soil creep can move the boundary on steep sloping land.
You have to consider all the facts
In order to determine the position of a boundary it is important to look at all the facts, not just plans but actual evidence on site. There can be a world of difference between what was intended and what is actually there to see.
Nobody has a boundary survey when they buy a new home
Nobody has a boundary survey when they buy the property. Conflicts can arise over a fence replacement or new driveway. That's when most people will reach for the deeds.
What to do
Heated arguments over the fence do nothing to resolve conflict. You need sound, calm and above all authoritative advice from a lawyer and a boundary expert. A boundary survey is essential. The money spent at this point can save you thousands later, because it sets a clear direction – independent of the neighbours screaming – and elevates your response to one of expert guidance.
What we do
- We will review all your information including legal documents
- We will take the time to understand the problem and how it evolved
- We will undertake an initial site survey to establish the issues
- Produce an initial report so you can then decide on the best course of action
- A detailed site survey can be conducted to plot exactly the existing boundary and its relationship to all other available information
- An open dialogue with your neighbour (or their appointed surveyor) to resolve the dispute
The final step: Court Action
- If the parties' surveyors cannot agree on the boundary position, the only way of resolving it is in the Courts. The evidence of both surveyors is put forward and a judge will decide based on all the evidence
Contact the team now:
HEAD OFFICE & MANAGEMENT CENTRE
North Warwickshire House
92 Wheat Street