Arizona — Who Pays for a Property Survey When Co-Owners Disagree?

Detailed answer — what Arizona law allows and how the decision is usually made

When co-owners disagree about boundaries, improvements, or use of shared land, the immediate practical question becomes who pays for a professional survey. Under Arizona law the short, practical answer is: whoever requests the survey usually pays up front, but a court can later allocate or shift those costs if the dispute goes to litigation (for example, a partition or boundary action).

Here is how that works in practice:

• Private agreement first: Co-owners can agree in writing to share the cost 50/50 or by some other split. Written agreements (email or signed memo) are best. If the co-owners agree, they can specify which type of survey is needed (boundary, ALTA/NSPS, topographic) and which surveyor to hire.
• Request by one co-owner: If one co-owner hires a surveyor without agreement from the others, that owner generally pays the invoice. Other co-owners may later reimburse all or part of the cost if they accept the results or if a court orders reimbursement.
• Partition or boundary litigation: If co-owners cannot agree and one files a partition, quiet-title, or boundary action in court, the court has authority to order a survey or to appoint a referee/commissioner to determine boundaries and physically divide or sell the property. In that setting the court can allocate costs (including the cost of a survey) between the parties as it finds fair. Arizona’s statutes and civil-procedure rules give the court discretion to allocate costs and fees in actions affecting title and possession of real property. For Arizona statutes governing civil actions and remedies, see the Arizona Revised Statutes, Title 12 (Courts and Civil Procedure): https://www.azleg.gov/arsDetail/?title=12
• Prevailing party and cost awards: Depending on the type of lawsuit and the specific statutory or contractual authority, a prevailing party may recover certain costs. Courts sometimes award costs for necessary expenses (surveys, appraisals, sales costs) against the losing party or allocate them among the parties in a partition or boundary action.
• Survey type matters: A basic boundary survey (to establish property lines) costs less than an ALTA/NSPS survey (used in commercial transactions or by title insurers). Be sure the parties agree on which survey is necessary; the wrong type can create disputes about scope and price.
• Title company or lender surveys: A title company may already have an existing survey in the chain of title or may order one for a sale or refinance. If a co-owner hires a surveyor independently shortly before a sale or financing, costs and acceptance of the new survey can become contentious.

Hypothetical example

Two siblings own a parcel as tenants in common. One wants to build a fence and hires a licensed surveyor without the other sibling’s consent. The sibling who ordered the survey pays the bill initially. If the other sibling later objects and files a partition action, the court could order a new survey, use the existing one, and ultimately decide how the litigation costs (and survey costs) are fairly apportioned.

Where to look in Arizona law

Partition, quiet-title, and other real-property remedies are governed by Arizona’s civil statutes and court rules. Courts routinely handle disputes over title and boundaries and have authority to order and allocate costs for surveys and appraisals as part of those proceedings. See Arizona Revised Statutes, Title 12 (Courts and Civil Procedure): https://www.azleg.gov/arsDetail/?title=12

Note: statutes and case law interpreting allocation of costs in partition or boundary disputes will determine outcomes in specific cases; for that reason, an attorney review of the facts is often necessary.

Practical steps for co-owners who disagree

1. Try negotiation first. Get a written agreement about whether to survey and how to split costs.
2. Get cost estimates for the correct survey type (boundary vs. ALTA, etc.) before hiring anyone.
3. Use a licensed, insured surveyor and get a written scope describing deliverables.
4. Document all offers to split costs and any refusals — this helps if you later go to court.
5. Consider mediation to resolve the dispute without filing a lawsuit.
6. If litigation is necessary, expect the court to consider fairness when allocating survey and litigation costs; the party who caused unnecessary delay or expense may be ordered to pay more.
7. Preserve and share title documents and any prior surveys — these reduce the need for duplicate work and expense.

Helpful hints

• Ask for a written estimate and scope before hiring a surveyor. Understand whether the quote includes stakes, a written report, and a digital file.
• Check whether an existing survey is already recorded in the deed or with the county recorder — you may avoid a new survey.
• Consider splitting the cost 50/50 as a default starting point to reduce conflict; even a small shared payment habitually reduces disputes.
• If one co-owner must move forward for safety or development, consider a reimbursement agreement that activates if the co-owner who resisted later benefits from the work (e.g., through sale or partition proceeds).
• Keep negotiations documented. Courts and mediators favor parties who acted reasonably and tried to resolve matters without litigation.
• Talk to a real-property attorney early if the dispute looks likely to lead to partition, quiet-title, or adverse possession claims.