Detailed Answer
If you and a sibling co-own real property in Hawaii and want a professional survey, follow a clear, documented process so the work is accurate and the cost and results are shared fairly. Below is a practical, step-by-step approach that assumes you start with no legal or surveying background.
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Confirm ownership and the type of co-ownership.
Get copies of the deed(s) from the state public records (or the title company). Confirm whether you hold the property as a tenancy in common or joint tenants. That status affects certain legal remedies later but does not prevent a survey. To search statutes or public records, use the Hawaii State Legislature site: https://www.capitol.hawaii.gov/ and the Hawaii state courts site: https://www.courts.state.hi.us/.
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Gather existing documents and maps.
Collect the current deed, any prior surveys or plats, title insurance policy (if any), tax map key (TMK), and any easements or encumbrances. You can often find recorded deeds and maps through state or county land records. The Hawaii DCCA Professional & Vocational Licensing (PVL) office can point you to licensed professionals: https://cca.hawaii.gov/pvl/.
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Decide what kind of survey you need.
Common survey types:
- Boundary survey: Establishes the legal property lines and corner markers.
- Topographic survey: Shows contours and features for building or planning.
- ALTA/NSPS survey: A detailed survey normally used for commercial transactions or by lenders (national standard).
For most co-owner questions about where the line actually is, order a boundary survey.
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Hire a licensed Hawaii land surveyor.
In Hawaii you must hire a surveyor licensed to practice in the state. Use the PVL page above to verify licensure. Get written proposals from 2–3 surveyors with these items clearly stated:
- Survey type and scope (what will and will not be included)
- Deliverables (map/plat, corner monuments set, digital files)
- Estimated timeline
- Exact price or a clear pricing structure (fixed fee vs. hourly)
- Obligation for locating and re-setting existing monuments
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Agree in writing with your co-owner on cost and access.
Decide how you and your sibling will split costs and who will sign the surveyor’s access agreement. If you plan to split the cost, document the arrangement in writing: who pays when, who retains copies, and what happens if one owner refuses to pay. Put the agreement in email or a simple written contract signed by both owners.
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Allow the surveyor to do field work and research.
The surveyor will:
- Research deeds, recorded plats, and prior surveys
- Locate monuments, property corners, and physical evidence on the ground
- Coordinate with neighboring property owners if needed
- Set permanent corner markers if requested
Be prepared for extra charges if the property is remote, heavily vegetated, or has complex title issues.
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Review the draft survey closely.
When the surveyor provides a draft plat, have both co-owners review it for accuracy. Confirm whether monuments were set, whether the survey relies on old monuments, and whether any discrepancies appear between the deed and the survey. Ask the surveyor to explain any variance between the deed description and the actual measurements.
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Record the final plat if appropriate.
If you want the survey reflected in the public record, file the final plat with the appropriate county recorder or state office. Recording helps future title work and can prevent boundary misunderstandings. Ask your surveyor which office to record with and whether recording is customary or required for your survey type.
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Handle disagreements constructively.
If your sibling objects to having a survey or to the results, try mediation or negotiation first. If you cannot resolve the dispute, Hawaii law allows co-owners to seek a partition action in court to divide or sell the property. For court procedures and forms, see the Hawaii State Judiciary: https://www.courts.state.hi.us/. A court-ordered partition is a last resort because it can be costly and time-consuming.
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Use the survey for title updates, construction, or subdivision.
Once complete and recorded, use the survey to update title records, obtain building permits, create a subdivision plan, or resolve boundary disputes. Provide copies to your title insurer and any prospective buyer or lender.
Typical costs and timeline
Costs in Hawaii vary with island, terrain, lot size, and complexity. Simple residential boundary surveys often start around $1,000–$2,500; more complex or remote parcels can run several thousand dollars or more. Expect 2–6 weeks for standard research and field work, longer for complicated title searches or difficult access.
When you might need an attorney
Hire an attorney if:
- A co-owner refuses access or to pay for the survey.
- The survey exposes significant title defects, encroachments, or disputes about legal descriptions.
- You anticipate a partition action or sale and need legal advice on your ownership interests.
For general information about licensing and professional standards in Hawaii, visit the Professional & Vocational Licensing (PVL) division: https://cca.hawaii.gov/pvl/. For law research and statutes, use the Hawaii State Legislature website: https://www.capitol.hawaii.gov/. For court procedures or forms related to co-owner disputes, visit the Hawaii State Judiciary: https://www.courts.state.hi.us/.
Disclaimer
This is general information only and not legal advice. I am not a lawyer. For specific legal guidance about your property or co-ownership dispute in Hawaii, consult a licensed attorney experienced in Hawaii real property law.
Helpful Hints
- Ask the surveyor for references and a copy of their Hawaii license verification from PVL.
- Get cost estimates in writing and clarify extra charges for clearing brush, travel to remote islands, or setting monuments.
- Document any agreement with your sibling about the survey in writing, even a signed email will help avoid disputes later.
- Keep copies of the recorded plat with your deed and title documents.
- If you expect to sell or refinance, let the lender or title company review the survey draft early to avoid surprises.
- Consider mediation before filing a partition action—mediated resolutions often save time and money.
- Preserve any old markers or monuments until the surveyor examines them; removing them can worsen disputes.