Disclaimer: This is educational information, not legal advice. For guidance about your specific situation, consult a Delaware attorney.
Detailed Answer
When multiple people own the same parcel of real estate in Delaware and they disagree about whether to get a property survey (or who should pay for it), there is no single statutory rule that always fixes responsibility. Who pays depends on several factors: any written agreement between the co-owners, the reason for the survey, the nature of the dispute, and whether a court becomes involved.
Key legal principles that apply in Delaware:
- Agreements control. If co-owners signed a deed, operating agreement, or contract that assigns costs (for example, “each owner pays an equal share of ordinary expenses including surveys”), that written agreement will generally govern.
- Reason for the survey matters. If a co-owner requests a survey for a personal purpose (for example, to show a buyer the portion that person intends to sell), that co-owner often pays unless the other owners agreed otherwise. If the survey is required to protect joint ownership or to maintain or defend the title for the benefit of all co-owners (for example, to resolve a boundary problem affecting the whole parcel), the cost is more likely to be treated as a shared or common expense.
- Court involvement can change cost allocation. If co-owners cannot agree and one files a partition, quiet-title, or boundary-dispute action, a Delaware court (often a court of equity such as the Court of Chancery for some property disputes) can order a survey and decide how the cost will be allocated or reimbursed as part of the final judgment. See general Delaware property law at the Delaware Code, Title 25: https://delcode.delaware.gov/title25/ and general information about courts that hear equitable property disputes: https://courts.delaware.gov/chancery/.
- Equitable adjustments. Courts have broad equitable powers. If one co-owner unreasonably forced litigation or hired a surveyor without advance notice, the court may shift costs or deny reimbursement. Conversely, a co-owner who acted reasonably to protect the property may be reimbursed from sale proceeds or by the co-owners found responsible.
Practical outcomes you should expect in Delaware:
- If owners have a written cost-sharing provision, follow it. If a co-owner refuses, the paying owner may later seek reimbursement in court.
- If owners are equal tenants in common (50/50) with no agreement, many co-owners split ordinary costs equally, but a court can apportion costs based on ownership shares or fairness if the matter goes to litigation.
- If a co-owner hires a surveyor unilaterally and the other co-owners did not consent, the hiring owner may bear the up-front cost; a court can later decide whether to reimburse that owner depending on circumstances and whether the survey benefited the group.
- In a partition or boundary dispute, expect a court-ordered survey and a judicial allocation of costs as part of final relief.
Hypothetical example:
Two siblings own a vacation lot as tenants in common. Sibling A wants to sell and hires a surveyor. Sibling B objects. If they cannot agree, Sibling A can either pay the surveyor and try to obtain reimbursement later or ask a Delaware court to order a survey and determine cost sharing. If the court finds the survey necessary to resolve a boundary issue that affects both owners, the court may divide the cost between them, or require the sale proceeds to reflect reimbursement.
How Delaware law can affect who ultimately pays
Delaware courts apply equitable principles in property disputes. That means a court can award costs, order a survey, apportion fees between owners, or include survey costs in a judgment or distribution when it resolves a partition or quiet-title claim. You can review Delaware property law at Title 25 of the Delaware Code: https://delcode.delaware.gov/title25/ and learn about equity cases at the Court of Chancery: https://courts.delaware.gov/chancery/.
Helpful Hints
- Check written documents first. Review deeds, ownership agreements, and any prior minutes or emails that discuss expense sharing.
- Define the survey scope. A boundary survey, topographic survey, and ALTA/NSPS survey differ in complexity and cost. Ask for a written quote and scope before hiring a surveyor.
- Get multiple bids. If co-owners distrust each other, obtain at least two competitive quotes to show reasonableness if the matter reaches court.
- Consider a neutral surveyor. Agreeing on a single neutral professional reduces accusations of bias and supports later court arguments about reasonableness.
- Offer alternatives to litigation. Mediation or arbitration can resolve payment and scope disputes faster and cheaper than court.
- Document everything. Keep written requests, refusals, invoices, and communications. Courts rely on written records when apportioning costs.
- Know your remedies. If you pay and later seek reimbursement, you can pursue a civil claim or include reimbursement in a partition action. A Delaware attorney can advise which claim is best for your situation.
- Act promptly. Delaware statutes of limitations and equitable defenses can bar claims later; don’t wait too long to assert rights or seek relief.
Next practical steps
- Read any written agreement about shared expenses.
- Ask for written survey quotes and a clear scope from licensed Delaware surveyors.
- Propose a cost-splitting arrangement in writing (equal shares, pro rata by ownership percentage, or conditional on outcome).
- If owners still disagree, speak with a Delaware real estate attorney to evaluate whether a partition, quiet-title, or other court action is appropriate and how costs are likely to be handled by the court.