Property Survey Cost Responsibilities for Co-Owners — Florida

Disclaimer: This is an educational summary and not legal advice. For advice about a specific situation, consult a Florida-licensed attorney.

Detailed Answer

When two or more people own the same parcel of real property together but disagree about commissioning a boundary or ALTA survey, Florida law does not set a single automatic rule that always pins payment on one owner. Instead, who ends up paying depends on the situation, the agreement between the owners (if any), and what legal steps either owner takes.

Key points under Florida law and common practice:

• Default practical rule: The person who requests a new survey usually pays for it up front. A survey is a service ordered by a party; surveyors charge whoever hires them. If co-owners later agree, they can split the cost.
• Written agreements control: If the co-owners have a written agreement (deed restriction, operating agreement, partnership agreement, or a simple signed memo) that allocates who pays for surveys or improvements, that agreement governs.
• Contribution claims: An owner who pays for a survey can often ask the other co-owners to contribute their fair share. If the other owner refuses, the paying owner may bring a civil claim for contribution. How a court allocates that cost depends on the equities, the owners’ conduct, and whether the survey benefitted all owners.
• When a partition action occurs: If owners cannot agree and one files a partition action under Florida’s partition statutes, the court can order whatever process is appropriate (partition in kind or sale) and allocate costs and fees among the parties. Florida’s partition statutes govern the process and remedies available in court; see Florida Statutes, Chapter 64: https://www.flsenate.gov/Laws/Statutes/2023/Chapter64. If a survey is required for the partition (for example, to divide the land or determine boundaries), the court may treat survey costs as part of the costs of the action and distribute them among parties according to interest or equitable considerations.
• Lender or title-company surveys: If a buyer is acquiring an interest, or an owner seeks refinancing, lenders and title companies often require surveys. In those contexts, the party ordering the loan or closing normally pays the cost required by the lender or title company.
• Boundary disputes vs. routine surveys: If the disagreement involves a boundary dispute (competing claims to particular lines), the party pressing the boundary claim may need to pay for a formal survey to prove the boundary. However, if the survey then establishes that both owners shared responsibility for creating ambiguity (for example, both relied on an inaccurate plat), a court might apportion costs differently.

Common outcomes in practice

• If Owner A wants a survey to subdivide the lot and Owner B objects, Owner A typically pays initially. If Owner A later benefits exclusively (keeps more value from the division), a court may order Owner A to bear the cost.
• If the survey benefits both owners (it clears a boundary so both can sell or refinance), courts often allocate costs proportionately.
• If a partition action is filed, the court can order costs (including surveys) paid from sale proceeds or apportioned among the parties under the court’s equitable powers and Chapter 64 procedures: Florida Statutes, Chapter 64.

Practical steps to take

1. Ask for written cost quotes from licensed Florida surveyors. The Florida DBPR provides resources for finding licensed surveyors.
2. Offer a written proposal to split cost (50/50 or proportional to ownership shares). Put any agreement in writing and have all co-owners sign.
3. If a co-owner refuses, consider mediation or negotiation before filing a partition action. Courts like to see attempts at resolution.
4. If you pay alone, preserve receipts and communications so you can later seek contribution in court if needed.
5. If the dispute escalates, consult a Florida real-property attorney to evaluate filing a partition action and to explain how a court might apportion costs under Florida law: Florida Statutes, Chapter 64.

Helpful Hints

• Get at least two survey quotes so you understand the typical cost in your area.
• Document all requests and refusals in writing (email or letter) — this helps if you later seek contribution or go to court.
• Check title documents and any recorded plats before ordering a survey — sometimes a recent survey already exists and can be located.
• If refinancing or sale is imminent, the lender or buyer will usually require and pay for the survey-related costs as part of closing.
• Consider a boundary-line agreement if both parties can negotiate; a signed boundary agreement, recorded in the county records, can avoid repeated surveying and disputes in the future.
• If you think a partition action may be necessary, talk to a Florida real-property attorney early. A lawyer can explain likely cost allocation, the partition timeline, and whether a court might shift costs.
• Useful resource: Florida partition statutes: Chapter 64 — Partition.