Hawaii: Paying for a Property Survey When Co-Owners Disagree | Hawaii Partition Actions | FastCounsel
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Hawaii: Paying for a Property Survey When Co-Owners Disagree

Detailed Answer

Short answer: Under Hawaii law, there is no automatic rule that one co-owner must pay for a survey when owners disagree. Co-owners can agree to share the cost, one owner can pay and later seek contribution, or a co-owner can file a partition or related court action asking the court to order a survey and allocate the cost among the parties. The Hawaii partition statutes give courts authority to order what is fair and to allocate costs in a partition action. See Hawaii Revised Statutes, Chapter 669 (Partition actions): https://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0601-0676/HRS0669/.

How this usually plays out in practice

Here are the most common paths when co-owners disagree about hiring a surveyor:

  • Agree to split the cost. The simplest approach is negotiation: owners split the price (50/50 or another agreed division). Put the agreement in writing and pick a licensed surveyor together.
  • One owner pays now and seeks contribution later. An owner who wants the survey more urgently may hire and pay the surveyor and then send a written demand for reimbursement. If the co-owner refuses to pay, the paying owner can pursue the unpaid share in court as an equitable contribution claim or as part of a partition action.
  • File a partition action. If owners cannot agree, a co-owner can file a partition action under HRS chapter 669. In a partition case the court may order a survey, boundary determination, appraisal, or sale, and it can allocate the costs (including the survey) among the parties in a way it finds fair.

What the court can do

When a partition action is filed, the court has broad equitable powers to divide property fairly. The court can:

  • Order a survey or boundary determination to identify the property lines and the shares of each owner.
  • Require an appraisal and order a partition in kind (divide the land physically) or order a sale and divide proceeds.
  • Allocate costs — including survey and appraisal fees, attorneys’ fees (if statutory or equitable grounds exist), and court costs — among the parties according to the equities. See HRS chapter 669 for the statutory scheme: https://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0601-0676/HRS0669/.

If you pay and later seek reimbursement

If you decide to pay for the survey yourself:

  • Keep detailed invoices and a written record of who you asked to pay and when.
  • Send a formal written demand for reimbursement. A polite but firm demand letter often motivates payment.
  • If the other owner refuses, consider filing a small-claims action (if the amount fits) or a partition action that asks the court to allocate the cost. In a partition case, the judge can order reimbursement or adjust the division of property to reflect the expense.

When a boundary dispute exists

If the disagreement concerns where the boundary lies (not just who pays), you may need both a survey and a legal action to quiet title or determine the boundary. A survey can produce evidence for a court, but a court often has the final say about rights to land and whether an equitable adjustment is appropriate.

Who chooses the surveyor?

Ideally, co-owners pick and hire a licensed land surveyor together. If one owner hires a surveyor without consent, the other owner can still challenge the survey’s scope or admissibility, but courts generally give weight to surveys prepared by licensed professionals. For information about licensing, see the Hawaii DCCA Professional and Vocational Licensing pages (search for land surveyor licensing on https://cca.hawaii.gov/).

Timing and cost expectations

Survey cost depends on property size, terrain, complexity of title, and whether you need a boundary retracement or a full ALTA/NSPS title survey. Expect costs to range widely. If a partition action is necessary, allow several months to a year or longer for resolution, depending on complexity and court schedules.

Practical steps to take now

  1. Talk to the co-owner and try to reach a written agreement about splitting the cost and choosing a surveyor.
  2. Get at least two written quotes from licensed surveyors so all owners see the expected cost.
  3. Send a formal written demand for contribution if an owner refuses after agreeing to share the cost.
  4. If you cannot resolve it, consult a real property attorney about filing a partition action or another equitable claim. The court can order a survey and allocate costs under HRS chapter 669: https://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0601-0676/HRS0669/.

Disclaimer: This article explains general principles of Hawaii law and is educational only. It is not legal advice and does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Hawaii attorney.

Helpful Hints

  • Get quotes in writing from licensed surveyors and compare services and deliverables before you hire.
  • Document all communications with co-owners in writing — email or certified mail — so you have a paper trail.
  • Consider mediation if co-owners disagree; mediators can help reach a cost-splitting agreement faster than court.
  • If you are likely to need the survey for a sale or refinance, explain that to the co-owner — lenders and buyers often require a specific type of survey.
  • Ask an attorney whether a partition action or a demand for contribution better fits your goals and budget.
  • Remember that court-ordered outcomes may allocate costs differently than private agreements. The court focuses on fairness and the equities among owners.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.