Arranging a Property Survey for Co-Owned Land in Illinois | Illinois Partition Actions | FastCounsel
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Arranging a Property Survey for Co-Owned Land in Illinois

Step-by-step FAQ: Arranging a Survey for Co-Owned Property in Illinois

This FAQ explains, in plain language, how two co-owners can arrange a property survey in Illinois and what to expect. This is educational only and not legal advice.

Detailed Answer — How to get a survey for property you co-own

If you and a sibling share ownership of a parcel in Illinois and you need a survey, follow this step-by-step approach. The steps describe what typically happens, who to contact, likely costs and how to handle disagreements.

1. Clarify ownership and why you need a survey

Start by locating your deed(s) and any recent title report or plat. These documents show how you own the land (for example, as tenants in common or joint tenants) and the legal description. Common reasons for a survey include confirming boundary lines, preparing to sell, resolving a dispute over fence location, or obtaining a mortgage or title insurance.

2. Talk with your co-owner

Try to agree with your sibling on the scope and who pays. Many co-owners split survey costs evenly. Put any agreement in writing (email or short contract) stating the scope, who will hire the surveyor, payment method, and access arrangements to the property.

3. Hire a licensed Illinois land surveyor

In Illinois, a licensed land surveyor performs legal boundary surveys and prepares a written plat or survey drawing. Search for a surveyor by county or use professional organizations (for example, Illinois Society of Professional Land Surveyors) or local title companies for referrals. Verify the surveyor is licensed in Illinois and carries professional liability insurance.

4. Agree scope and sign an engagement

Ask the surveyor what type of survey you need (boundary survey, improvement location survey, ALTA/NSPS survey for commercial or mortgage purposes). Get a written estimate that lists tasks, deliverables (paper or digital plat), timeline, and cost. Confirm whether the survey will set new markers (iron pins), locate existing monuments, and use records such as recorded plats, deeds, and old surveys.

5. Provide access and documentation

Provide the surveyor with copies of deeds, plats, title report, recent tax maps, and any prior surveys you have. Give permission for access and let the surveyor know about fences, improvements, wells, or other features to be located.

6. Receive and review the survey

The surveyor will produce a plat or drawing and a written description of boundaries. Review the deliverable carefully. The drawing should show bearings, distances, monuments, and notes about any conflicts found in the records. If you and your sibling both sign off, consider recording the final plat with the county recorder if the surveyor advises it.

7. If you disagree about results

If the survey reveals a disputed boundary and you and your sibling cannot agree, consider these options in order:

  • Negotiate directly or with a neutral mediator to create a written boundary agreement.
  • Use the survey as the basis for a boundary line agreement, then record that agreement with the county recorder so it binds future owners.
  • If agreement fails, a partition or boundary dispute lawsuit is a last resort. A court can order a new survey, resolve boundaries, or order sale/division of the property. Court actions add time and costs and should be considered only if other methods fail.

8. Who pays and how much?

Survey fees vary by property size, complexity, and region. Residential boundary surveys often range from a few hundred to a couple thousand dollars; larger or complex parcels cost more. If both co-owners agree, split the cost. If one owner wants a survey and the other refuses, costs and access issues may lead to a legal dispute — a court can sometimes resolve payment and access in a partition or other action.

9. Common deliverables and uses

Typical deliverables include a signed sealed plat of survey, written legal description, monument set notes, and digital files. Use the survey for title insurance, sale listings, resolving neighbor disputes, obtaining permits, or setting fences and improvements accurately.

Illustrative hypothetical

Hypothetical: You and a sibling co-own a 2-acre lot that contains a garage built near the shared boundary. You find old pins missing and neighbors disagree about the line. You both agree to split cost; you hire a licensed Illinois land surveyor to perform a boundary survey. The surveyor locates record monuments, sets new pins, produces a sealed plat, and shows the garage encroaches slightly. You and your sibling use the survey to negotiate a written boundary agreement with the neighbor and record it. Problem solved without court involvement.

Practical legal notes (Illinois context)

Surveys and boundary agreements affect property rights and title. An accurate, recorded survey or a written boundary agreement reduces future disputes and helps clear title for sale or financing. If a legal dispute arises, consider consulting a licensed Illinois real estate attorney to explain possible remedies such as boundary line agreements or court partition actions.

Disclaimer: This information is educational and not legal advice. For advice tailored to your situation, consult a licensed Illinois attorney.

Helpful Hints

  • Start with the deed and any recent title report. The legal description guides the survey.
  • Agree in writing with your co-owner about scope, cost split, and access before hiring a surveyor.
  • Hire a surveyor licensed in Illinois and ask for references and proof of insurance.
  • Ask for a sealed, signed plat of survey and a digital copy for records and title companies.
  • Consider mediation before litigation if a boundary dispute arises.
  • Record a boundary agreement or the survey plat with the county recorder to protect future owners.
  • Keep all survey documents and communications in a single folder for easy reference when selling or refinancing.
  • If one owner refuses access or payment, consult an Illinois real estate attorney early to learn options like seeking a court order.

Need more help finding a licensed Illinois surveyor or an attorney for boundary disputes? Local title companies, county recorder offices, and professional surveyor organizations can provide referrals.

Again, this is general information only and not legal advice.

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.