Detailed Answer
Short answer: Co-owners should try to split the cost of a property survey by agreement. If they cannot agree, either co-owner can ask the court to resolve the dispute by way of a partition or boundary determination action; the court has discretion to allocate survey costs as part of its order.
This explanation describes how payment usually works, what options each co-owner has under Connecticut law, and practical steps to resolve or avoid fights over surveys. This is educational information, not legal advice.
How payment normally works between co-owners
- If co-owners agree to get a survey, they typically split the cost equally or in whatever proportion they agree to in writing.
- If only one co-owner wants the survey, that co-owner can pay up front and ask the other co-owner to reimburse a share, but the other owner is not automatically required to pay unless there is an agreement or a court order.
- If the survey is requested to satisfy a lender’s requirement for a mortgage or refinance, the borrower(s) pay. If one co-owner seeks financing in their name only, the lender may require a survey for that borrower’s loan; how cost is allocated depends on the loan terms and any agreement among owners.
When the court gets involved (partition and boundary disputes)
If co-owners cannot agree, Connecticut law allows a co-owner to bring an action to partition the property or to have boundaries determined. In a partition or boundary action, the court can order what happens to the property — often physical division or sale — and can allocate costs, including surveyor fees, as part of its final judgment. For general information about partition actions, see Connecticut General Statutes and court practice pages (connecticut statutes and judicial branch websites provide statutory and procedural guidance).
Note: A direct statutory citation and how a court will exercise discretion depends on the facts and pleadings. Courts commonly consider who caused the dispute, whether a survey was reasonable, and fairness between owners when assigning costs.
Practical routes to resolution
- Negotiate a written agreement: Put payment terms in writing (who hires the surveyor, split ratio, timing of reimbursement). A written agreement avoids surprises and is enforceable.
- Hire a single neutral surveyor: Co-owners can agree to use one licensed surveyor and split the invoice. A neutral surveyor reduces accusations of bias and is usually cheaper than hiring two surveyors.
- Mediation: Use a mediator to work out cost-sharing before suing. Mediation is faster and less costly than litigation.
- Demand and reimburse: One owner may pay initially and send a written demand for reimbursement. If the other refuses, keep all invoices and communications—you may later ask a court to order reimbursement or include the cost in a partition action.
- Consider lender and title company requirements: If a loan or closing triggers a survey requirement, the party receiving funds or closing the transaction usually bears the immediate cost. Title companies may accept an older survey or require an updated one; confirm what they will accept early.
- File a partition or boundary action: If negotiations fail, a co-owner can ask the Superior Court for partition or boundary determination. The court can order a survey or appoint a surveyor and allocate costs among the parties.
Example scenarios
Scenario A — Equal co-owners, one wants a survey:
Two siblings own a vacation lot as tenants in common. One wants a new survey for future improvements; the other refuses. The sibling who wants the survey can pay and later seek reimbursement or seek court relief. A judge may require splitting the cost if the survey benefits both or if fairness requires it.
Scenario B — One owner refinancing:
An owner wishes to refinance and the lender requires a current survey. The refinancing owner typically pays the survey cost as part of closing, but could pursue contribution from the co-owner later if an agreement or court allocates costs differently.
Costs and evidence to preserve
- Get written estimates and a contract from the surveyor that spells out the scope and price.
- Keep invoices, payment receipts, and all written requests for contribution.
- Document communications about the survey and any offers to split cost.
- If the matter goes to court, these documents help show reasonableness and who caused the action.
Statutory and procedural resources
Connecticut’s statutes and court rules govern partition and property disputes and give courts the power to allocate costs in those actions. For general statutory information, consult the Connecticut General Assembly website: https://www.cga.ct.gov/current/. For court procedures and self-help information, visit the Connecticut Judicial Branch: https://www.jud.ct.gov/.
When to consult an attorney
Talk to a Connecticut real property attorney when:
- You and the co-owner cannot agree on payment or on whether a survey is needed.
- The survey may trigger a boundary dispute or a claim to part of the land.
- A lender or title company requires a specific survey that affects a closing.
- You are considering filing a partition or boundary action.
An attorney can explain likely outcomes, draft an agreement, represent you in mediation, or file a court action to protect your rights.
Disclaimer: This article is for general information only and does not constitute legal advice. It does not create an attorney-client relationship. For legal advice about your specific situation, contact a licensed Connecticut attorney.
Helpful Hints
- Put any agreement about surveys and payments in writing before hiring a surveyor.
- Ask the surveyor whether the survey will meet lender and title company requirements before you hire them.
- If one co-owner must pay up front, get a signed promise to reimburse or include the payment arrangement in a recorded document if appropriate.
- Consider a neutral or jointly-selected surveyor to reduce bias claims and costs.
- Use mediation early — it is often cheaper and faster than court.
- Keep all receipts and written communications; they matter if you later seek reimbursement or go to court.