How to Arrange a Property Survey for Co-Owned Real Estate in Connecticut | Connecticut Partition Actions | FastCounsel
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How to Arrange a Property Survey for Co-Owned Real Estate in Connecticut

Arrange a Boundary Survey for Property You Co-Own with a Sibling — Connecticut Guide

Short answer: You can hire a licensed land surveyor to survey the property you co-own. Start by checking the deed and town land records, talk to your co-owner, get a written scope and access permission, and hire a licensed surveyor. If your co-owner refuses access or you cannot agree, Connecticut law allows a partition action in court that can force a survey and division. This article explains steps, options, and resources under Connecticut law.

Detailed answer

1. Decide what kind of survey you need

Common surveys include a boundary survey (shows property lines and corner markers), a topographic survey (adds elevations and physical features), and a survey for subdivision or mortgage purposes. For co-owned property, a boundary survey is usually the right first step because it clarifies legal lines, corners, and any encroachments.

2. Look up ownership documents and the legal description

Find the deed and the legal description that defines your property. You can find deeds and recorded plats at your town or city clerk’s land records office or online through your town’s land records portal. The deed will show whether you and your sibling own the property as joint tenants, tenants in common, or another arrangement. That ownership form affects long-term rights but not the immediate ability to order a survey.

3. Talk to your co-owner first (recommended)

Talk with your sibling about the survey. If you can agree on the surveyor, timing, and who pays, the process stays simple and cooperative. Put agreements in writing, including permission to enter the land and who will pay for the survey and any subsequent recordings.

4. If you cannot get cooperation, you can still proceed — but consider access limits and legal options

Because you co-own the property, you generally have the right to information about the property and to act to protect your interest. However, physically entering property that another co-owner actively objects to may raise trespass issues. A surveyor can often perform a boundary survey using visible evidence from the ground and public records without disturbing the property. If your sibling refuses access or refuses to agree to a survey, you may need to take stronger steps, including asking a court to order a partition. Connecticut allows partition actions that can compel a survey and physical division or sale of the property; see Connecticut’s partition statutes (e.g., Conn. Gen. Stat. § 52-495 and following). For the statutory text, see: Conn. Gen. Stat. § 52-495 (Partition).

5. Hire a licensed land surveyor in Connecticut

Use a licensed professional. Ask for references, proof of Connecticut licensure, sample plats, insurance limits, and a written proposal that lists scope, price estimate, timeline, and deliverables (paper or digital plat, stamped and signed). The Connecticut Department of Consumer Protection oversees licensing for many professions; you can start there for information: Connecticut Department of Consumer Protection. The Connecticut Society of Land Surveyors can help you find local surveyors: ctsls.org.

6. Give the surveyor documents and allow access

Provide the surveyor with copies of the deed, prior surveys or plats, tax maps, and any written agreements you have with your sibling. If your sibling consents, have that consent in writing and include a simple access authorization so the surveyor can enter the property without risk of trespass claims.

7. Review the completed survey and resolve issues

The surveyor will prepare a stamped, signed plat (map) and a written description that identifies corners, distances, encroachments, and easements. If the survey reveals encroachments, overlapping fences, or title ambiguities, consider one of these next steps:

  • Negotiate a boundary agreement or fence-line agreement with your sibling.
  • Record a new deed or boundary agreement with the town land records to clarify title.
  • Seek mediation if you cannot agree.
  • File a quiet title or partition action in court if negotiations fail.

8. Court option — Partition actions

When co-owners cannot agree, Connecticut law provides for partition suits. A partition action asks the court to divide the property physically or order a sale and share the proceeds. A court-ordered partition often requires a professional survey to establish boundaries and determine physical division. For information about the governing statute, see: Conn. Gen. Stat. § 52-495. If you consider court, consult a Connecticut attorney experienced in real property litigation.

Practical considerations and typical timeline

  • Timeline: A simple residential boundary survey often takes 2–6 weeks after the surveyor receives documents and access. Delays happen if legal research or boundary disputes arise.
  • Cost: Expect roughly a few hundred to a few thousand dollars depending on lot size, complexity, terrain, and required research. Ask for a written estimate and what triggers extra charges.
  • Deliverables: Stamped plat, written legal description, and flagged or monumented corners (if requested and agreed).

When to get an attorney involved

Contact an attorney if your sibling refuses access, if the survey reveals serious encroachments, if title or deed language is unclear, or if you are contemplating partition. An attorney can advise on the benefits and costs of negotiation, mediation, or litigation and can file a partition or quiet title action if needed.

Key Connecticut resources

Helpful Hints

  • Bring the deed and any prior survey or plat to your first surveyor meeting.
  • Ask the surveyor whether monuments (iron pins, concrete bounds) will be set and whether that is included in the price.
  • Get all agreements with your sibling in writing, including who pays and when the plat will be recorded.
  • Ask the surveyor for references and for a copy of their Connecticut license and insurance details.
  • If your sibling objects, try mediation before filing a partition suit — it often saves time and money.
  • Record the final plat or any boundary agreement in the town land records to protect your interest and provide clear public notice.
  • Keep a copy of the recorded plat with your deed and mortgage documents.

Disclaimer: This article explains general information about Connecticut property and survey procedures. It is not legal advice and does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Connecticut attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.