Expert Witness

Ian Holdsworth MSc ACIArb Dip HI has many years experience of providing Expert Opinion asa Single and Joint Expert instructed either by the Court or parties to the dispute. He has full knowledge of Part 35 CPR procedures, is an accredited expert by the Expert Witness Directory and regularly gives evidence to Court, Residential Property Tribunal and Lands Tribunal proceedings.

His areas of specialism are:

  • Residential valuation including leasehold valuation
  • Surveyor Negligence particularly arising from residential survey
  • Construction disputes over residential works
  • Rights of way, easements, restrictive covenants
  • Park Home disputes
  • Ian is a member of the RICS Dispute Resolution Faculty.

Rights of Way, Easements and Restrictive Covenants

Ian Holdsworth is regularly asked to provide advice on the diminution in value arising from these property rights. Recent work has included advice on the impact of footpaths and driveways thorough gardens or fields, the failure to identify restrictive covenants contained within development land transfers or house purchases. Injurious affection caused by property interests, mine shafts or the construction of utility infrastructure is also an area of previous advice.

Retrospective Valuations on Residential and Commercial Property

The Practice regularly provides retrospective valuation advice for a range of purposes. This advice relies partly upon the valuation data gathered by the Practice over the past 20 years across a wide range of property types and interests.

Boundary Disputes

The Practice is a member of the RICS Boundary Dispute Resolution Panel and is regularly appointed by the Court to determine and demarcate boundaries throughout the East Midlands. The practice has much experience in the resolution of these disputes with a designated geomatics surveyor. The practice can provide measured surveys, access to aerial photography and historic OS and other graphical data. We have experience of working to Land Registry Practice Standards in demarcation of boundaries. We have been appointed in the past, on occasion by the Court, to determine boundaries, Party Wall and other neighbour disputes where other surveyors and advisers have failed to agree.

Party Wall

The Party Wall etc. Act 1996 applies to certain types of works that are proposed to party walls, excavating within certain distances of neighbouring structures and to certain depths and, in certain circumstances, erecting a new structure adjacent to the boundary. We can advise on:-

  • Notice Requirements
  • What to do in response to a Notice
  • Rights and obligations under the Act
  • Rights and restrictions regarding access
  • Building close to the edge of your property
  • Schedules of Condition.

Further information on Party Walls can be obtained from http://www.communities.gov.uk

Right to Light

The Practice has good knowledge of the Right to Light easement rights which can be infringed by a developer or neighbour. We are also familiar with the BRE day lighting and sun lighting standards required by most Local Authorities when determining a Planning Application. We can offer the following services:

  • To carry out day lighting and sun lighting studies to ensure any development complies with appropriate standards
  • Prepare computer models to assess the material injury to light of any development
  • Provide advice on the maximum development envelope without light injury
  • Offer guidance on compensation payable to affected property owners.

Further information on Rights to Light can be obtained from http://www.rics.org/uk/knowledge/consumer-guides/rights-to-light/

Park Homes

The Practice has good knowledge of the Mobile Homes Act 2013. Ian Holdsworth regularly offers Expert Advice in valuation and condition disputes relating to Park Homes. Recent instructions include:

  • A successful dilapidation claim against a Park Home manufacturer;
  • Advice and Court Hearing on behalf of Trading Standards Authorities on inappropriate repairs to structures; and
  • An Opinion on the diminution in value arising from planning conditions that restrict annual Park Home occupancy on a site of dwellings.

Further information on the Mobile Homes Act 2013 can be obtained from https://www.gov.uk/government/publications/mobile-homes-act-2013-new-licensing-enforcement-tools-aguide-for-park-home-site-owners

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