When co-owners cannot agree about ordering a property survey: who bears the cost under California law?
Detailed Answer
When multiple people co-own real property in California and they disagree about whether to obtain a property survey or who should pay for it, the answer depends on three key things: (1) whether the owners can reach a private agreement; (2) whether one owner elects to hire and pay a surveyor up front; and (3) whether the dispute ends up in court (for example, a partition or boundary/quiet title action). California law gives courts tools to resolve such disputes, and courts can allocate the costs of surveys as part of the remedy.
1. Private agreement is best
If co-owners agree in writing, they can specify who will hire the surveyor, the scope (lot corners, boundary retracement, ALTA/NSPS survey, etc.), and how the cost will be split. Many disputes are resolved this way: owners split the fee proportionally to ownership interests (for example, 50/50), split evenly, or assign the cost to the person who requested the work.
2. If one owner hires a surveyor without agreement
An owner who hires and pays a surveyor can usually recover contribution from the other co-owners only if the other owners consented or a court later orders reimbursement. In practice, the hiring owner should get written approval or a cost‑sharing agreement before starting. If the issue later becomes a court case, the court may consider whether the survey was reasonable and necessary when deciding whether to require contribution.
3. If the dispute goes to court: partition and boundary/quiet-title actions
Two common types of lawsuits for co‑owners are partition actions (to divide or sell the property) and quiet title/boundary actions (to fix who owns what boundary). In both settings, California courts can order surveys and allocate costs among parties.
– Partition actions: California’s partition statutes authorize the court to determine the method of division (division in kind or sale) and to take whatever measures are necessary to effect a fair partition. The court may order a survey, map, or division work and apportion the expense among the parties according to their interests or as justice requires. See the partition provisions of the California Code of Civil Procedure (CCP §872.010 et seq.). For the statutory text, see: CCP §872.010 and the surrounding partition chapter on the California Legislative Information site.
– Quiet title / boundary actions: In actions to determine title or boundary lines (e.g., CCP §760.010 and related sections), courts often rely on survey evidence and can order or admit surveys prepared by licensed surveyors. The court can also award costs or direct how expenses will be borne between the parties depending on the outcome and the court’s equitable powers. See: CCP §760.010.
4. Costs and court awards
California rules on taxable costs and discretionary cost awards mean that, in litigation, the court may award some costs to the prevailing party and may treat necessary survey expenses as part of the costs of the action. The court’s equitable powers allow apportionment of survey and division expenses among co-owners. For general rules on taxable costs, see CCP §1033.5: CCP §1033.5.
5. Practical realities and license requirements
Surveys should be performed by a licensed surveyor. California’s licensing and professional rules for surveyors are overseen by the Board for Professional Engineers, Land Surveyors & Geologists: bpelsg.ca.gov. Using a properly licensed surveyor helps ensure the survey will be accepted by courts, title companies, and others.
Practical summary
- If co‑owners reach a written agreement, that agreement controls who pays.
- If one owner hires a surveyor unilaterally, that owner normally pays up front and may have limited ability to force others to reimburse unless the court orders contribution.
- If the dispute goes to court (partition or quiet title), the court can order a survey and apportion the cost among owners by interest or equity, and it can award costs under applicable statutes and rules (see CCP partition and cost provisions).
If you are facing this situation, you should consider negotiating a written cost‑sharing agreement, using mediation, or, if litigation is necessary, consulting a California property lawyer to explain how the partition and quiet title statutes and court practice are likely to apply to your facts.
Disclaimer: I am not a lawyer. This information is for educational purposes only and does not constitute legal advice. For advice about a specific situation, consult a licensed California attorney.
Helpful Hints
- Get several surveyor quotes and ask each to explain the scope (boundary, ALTA, topographic) and deliverables.
- Ask for a written engagement letter from the surveyor that details cost, timeline, and deliverables.
- Try a written cost‑sharing agreement before spending money. A short signed agreement reduces later disputes.
- Consider mediation to avoid court costs. Mediators can craft equitable cost splits.
- If you expect litigation, document all communications about cost requests and refusals — courts consider those facts.
- Check the title report and contact the title company; sometimes an existing survey or boundary information is already on record or available through the title insurer.
- Confirm the surveyor is licensed in California: https://www.bpelsg.ca.gov/
- If you sue or are sued, ask your lawyer how courts in your county typically handle partition/boundary surveys and cost allocation under CCP partition and costs provisions: see CCP partition chapter (CCP §872.010 et seq.) and CCP §760.010 for title actions.