Quick overview
If you co-own real estate in Delaware with a sibling and need the property surveyed, you can usually get the work done by agreement: hire a licensed Delaware land surveyor, provide deeds and any prior surveys, and decide who pays. If your co-owner refuses, you may need a legal remedy such as mediation or a court action to compel a survey as part of resolving an ownership dispute. The steps below explain how to arrange a survey, what to expect, and where to look for Delaware-specific resources.
Detailed Answer
- Identify the title documents and any existing surveys. Start by locating the deed(s) and any prior survey or plat for the parcel. These documents show legal descriptions and any easements, and they make the new survey easier and cheaper. If you don’t have copies, you can request them from the county Recorder of Deeds for the county where the property sits (New Castle, Kent, or Sussex):
- New Castle County Recorder of Deeds: https://www.nccde.org/141/Recorder-of-Deeds
- Kent County Recorder: https://www.kentcountyde.gov/136/Recorder-of-Deeds
- Sussex County Recorder: https://sussexcountyde.gov/recorder-deeds
- Talk with your co-owner and agree the scope. The simplest path is an agreed plan: discuss when the survey should happen, what kind you need (boundary-only, ALTA/NSPS, topographic, or mortgage inspection), and who will pay. Put the agreement in writing to avoid misunderstandings.
- Choose the right type of survey. Common types are: boundary survey (establishes property corners and lines), ALTA/NSPS survey (detailed, often required for commercial transactions or lenders), topo survey (shows elevations and contours), and survey for subdivision. Pick the scope that matches your goal (e.g., establish exact boundaries vs. prepare for sale or financing).
- Hire a licensed Delaware land surveyor. Use a surveyor licensed in Delaware. The Division of Professional Regulation maintains the board for land surveyors; you can verify licenses and find board contacts here: https://dpr.delaware.gov/boards/land-surveyor/. Ask the surveyor for: a written proposal, proof of licensure, proof of insurance, a timeline, and sample deliverables (paper or digital file types).
- Gather materials for the surveyor. Provide deeds, prior surveys or plats, title insurance or a title commitment (if available), and obvious markers on the ground (fences, driveways, stakes). The surveyor will coordinate any utility-locating, clearing, or local permitting that the job requires.
- Understand access and marking. The surveyor will need reasonable access to the property to locate monuments and set stakes. If the property is overgrown, clearing may add cost. Once completed, the surveyor will set permanent or semi-permanent markers and deliver a signed survey drawing and legal description.
- Costs and timing. Price depends on acreage, terrain, survey type, boundary complexity, and existing monuments. Get multiple written quotes and a clear scope of work. Timelines vary from a few days for a small lot to several weeks for complex or rural parcels.
- If your sibling refuses to cooperate. If a co-owner blocks access or refuses to consent, you still have options: try mediation or a written demand that explains why the survey is necessary. If that fails, you may need a court remedy to resolve ownership or to compel a survey as part of a partition or quiet-title action. Delaware courts can address disputes over co-owned property; for general Delaware court information see the Delaware Courts site: https://courts.delaware.gov/ and the Court of Chancery for many equitable property disputes: https://courts.delaware.gov/chancery/. For the basic statutory framework for property in Delaware, see Delaware Code, Title 25 (Property): https://delcode.delaware.gov/title25/.
- When a survey leads to a boundary dispute. If the survey uncovers conflicting lines, encroachments, or ambiguities in deed descriptions, the dispute may require negotiation, mediation, or litigation (quiet title, boundary line agreement, or partition). Document everything, keep copies of the survey and communications, and consult an attorney if the parties cannot agree.
Practical checklist before you hire a surveyor
- Locate and copy the deed(s) and any prior survey.
- Agree on survey scope with your sibling in writing if possible.
- Verify surveyor licensure with Delaware’s board: https://dpr.delaware.gov/boards/land-surveyor/.
- Get at least two written quotes and a timeline.
- Ask for insurance and example surveys for reference.
- Provide property access and any helpful documents to the surveyor.
When to get legal help
If your co-owner refuses access, obstructs the surveyor, or you discover a boundary dispute that the parties cannot resolve, consult an attorney experienced in Delaware real property law. A lawyer can explain court options (including partition or quiet-title actions), negotiate on your behalf, and, if needed, seek a court order. For basic legal resources and locating counsel in Delaware, you can start with the Delaware Courts site: https://courts.delaware.gov/.
Helpful Hints
- Always use a surveyor licensed in Delaware; out-of-state licenses do not substitute.
- Ask the surveyor whether you need an ALTA/NSPS survey (typically required by lenders and for commercial transactions).
- Put payment and responsibility for costs in writing when co-owners agree to share the expense.
- If the property is in a different county than you, contact that county’s Recorder of Deeds for local filing and historical records.
- Keep a full paper and digital file of the delivered survey, signed certifications, and photos of any markers placed on the ground.
- Act promptly if you discover an encroachment; Delaware adverse-possession rules and longstanding use issues can affect rights over time.
Disclaimer: This article explains general information about arranging a property survey in Delaware. It is for educational purposes only and does not constitute legal advice. For advice about a specific situation, contact a licensed Delaware attorney.