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Court Valuation of Spanish Property for UK Matrimonial and Inheritance Proceedings

By October 1, 2012 No Comments

It is advisable to make every effort to settle disputes and disagreements out of Court.  If that can’t be achieved, it’s the Court that will decide on the basis of the information provided, so the next best step is to make sure that your professional team has a good record, attitude and experience.

With many couples and individuals now owning property all over Spain and it’s islands and prices having changed so much over the past 10 years, it’s not surprising that agreement can’t be reached on market values. So an independent expert has to be appointed. The Court Procedure Rules now encourage the use of a sole joint expert witness, to avoid the situation of multiple values being discussed in Court. Most Courts aren’t keen on discussing numbers!

Campbell D Ferguson, FRICS, has frequently been called upon to provide evidence for many English and Scottish Courts, where his market valuation, often at a historic date in the case of inheritances, is relied upon by the Court in their efforts to achieve a just settlement. It is a testament to Campbell’s professionalism and drive for perfection that he is selected by major solicitors in the UK and has been selected for appointment by the President of the RICS.

In January 2012 Campbell D. Ferguson, FRICS, was awarded the Legal Experience Training Advanced Professional Award in Expert Witness Evidence (LETAPAEWE) accredited by Edexcel at level 7 Masters Level BTEC. Study for the award is recommended by the Royal Institution of Chartered Surveyors, which is the mark of property professional worldwide. Accreditation as an expert witness means that through Campbell, the Survey Spain Network can offer its clients an exceptional service. There are an increasing number of occasions where independent expert opinion of current market value of property is required, and Campbell can now provide these with greater assurance of meeting the Inspection, Report and Court exacting requirements.

“I have to say that I enjoyed the academic challenge of the course and final assessment,” said Campbell. “Despite the fact that I was already knowledgeable on the subject and have appeared as an Expert Witness in a number of English and Scottish Courts and Tribunals, including the High Court in London, this course brought to light many additional points and techniques that will be to the advantage of my future clients. Combining this qualification with my more than 12 years experience living and working in Spain and 40 years dealing with all property matters, I know that I am more able to assist clients to achieve just settlements.”