Who Pays for a Property Survey When Co-Owners Disagree? — Georgia

Detailed Answer

If co-owners cannot agree about ordering or paying for a property survey in Georgia, state law gives several routes for resolving the dispute. The outcome depends on whether the owners reach an agreement, the purpose of the survey (boundary dispute, sale, financing, partition), and whether a court gets involved. This section explains the typical options and how a Georgia court generally treats survey costs.

1. Private agreement is the simplest outcome

When co-owners agree, the agreement controls. Common solutions are:

• Split the cost evenly (or by ownership percentage).
• One owner pays up front and the others reimburse later or when the property is sold.
• Each side hires their own surveyor and shares results, or they jointly hire a neutral surveyor and share that bill.

Put any agreement in writing so there is no later dispute about payment responsibility.

2. If owners disagree, one owner can ask a court to resolve the matter (partition or boundary action)

Under Georgia law, a co-owner may file a partition action to divide or sell the property and divide proceeds. See Georgia property and partition provisions in the code for procedure. For an overview of property/partition statutes, see: O.C.G.A. Title 44 — Property (Georgia) and the partition sections at O.C.G.A., Chapter 6, Article 3 — Partition.

In a partition or related proceeding a court can order a survey, appoint commissioners, and require necessary surveys or appraisals. The trial court has discretion to apportion the costs as it deems fair and equitable given the facts of the case (for example, which party caused the dispute, who benefits, or whether one party acted in bad faith).

3. Who pays initially and who ultimately bears the cost?

• Initial payment: If a survey is ordered by a lender or requested voluntarily, the requesting party or the lender normally pays up front.
• In litigation: The court can order that costs (including survey and appraisal fees) be taxed as costs of the action and either divided among the parties, charged against the property, or paid by one party, depending on equity and the court’s findings. Georgia partition rules allow the court to manage expenses in a way that is fair to the parties and to the property.
• Allocation factors: Courts consider who requested the survey, who benefits, any obstructive conduct, and whether a party’s position was unreasonable.

4. Boundary disputes and adverse possession considerations

If the disagreement involves a boundary line or an adverse possession claim, a survey is often essential to establish the facts. Georgia has statutes and case law that govern adverse possession and boundary disputes. A court may require a survey as part of resolving those claims and will decide who pays as part of the equitable relief it grants. For broader statutory context on Georgia property law, see: O.C.G.A. Title 44.

5. Practical consequences

Practical outcomes you can expect:

• If you voluntarily hire a surveyor, expect to pay up front. You can later ask a court or the co-owner to reimburse you if a court awards costs to you.
• If a lender requires a survey for refinancing, the borrower (owner) normally pays that cost.
• If the dispute leads to partition litigation, the court will allocate costs in its final order according to equity and the statutory framework for partition.

6. Recommended steps for a co-owner in Georgia

1. Try to reach a written agreement with the co-owner about whether to survey and how to split costs.
2. If needed, propose hiring a neutral, licensed surveyor and splitting the cost according to ownership shares.
3. Document all communications and receipts related to surveys.
4. If the co-owner refuses or obstructs and the survey is necessary, consult an attorney about filing a partition or boundary action so a court can order and allocate the survey cost.

Where to look in Georgia law: The partition process and related remedies are governed by Georgia statutes on property and partition (O.C.G.A. Title 44, Chapter 6). For statutory text and procedure see the Georgia code at: O.C.G.A., Chapter 6, Article 3 — Partition.

Helpful Hints

• Get a written cost-sharing agreement before any work starts. Even a simple email confirming who will pay and when can help prevent disputes.
• Choose a licensed surveyor experienced with local County records and boundary issues. Ask for references and examples of similar work in your county.
• Collect and share title documents, deeds, prior surveys, and tax maps with the surveyor to reduce unexpected costs.
• If a lender is involved, confirm whether the lender will accept a survey and whether they require a particular type of survey (ALTA/NSPS survey vs. boundary survey).
• Keep receipts and a clear paper trail. If you later go to court, documentation helps a judge allocate costs fairly.
• If the co-owner is acting unreasonably or trying to block use or sale of the property, consult a Georgia attorney about filing a partition or other equitable remedy promptly.
• Understand that a court can allocate survey costs as part of the final judgment. If you pay upfront, you may be able to recover the expense if the court rules in your favor.

Disclaimer: This information is educational and general in nature and is not legal advice. It does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Georgia attorney who can evaluate the facts, review relevant documents, and advise you about filing a partition action or other remedies.