Detailed answer — How this works under Illinois law

1. No statute that automatically makes one co-owner pay

Illinois law does not create a blanket rule that one co-owner must pay every time a survey is done. Absent a written agreement, contract term, or deed provision, who pays is usually a matter of agreement between the co-owners. If one co-owner asks for and hires a surveyor, that co-owner generally pays up front.

2. Agreements, deeds, or HOA rules can require allocation

Look first to any written documents: the deed, a co-ownership agreement, a buy-sell agreement, or condominium/common-interest community documents. Those documents sometimes allocate inspection, improvement, or survey costs. If such a document exists and specifies who pays, that term controls unless a court finds it unconscionable or otherwise unenforceable.

3. If co-owners can’t agree, mediation or negotiation is recommended

Before filing a lawsuit, try splitting the cost, getting competing quotes, or hiring a neutral surveyor whose cost is shared. Mediation or informal negotiation often resolves cost disputes quickly and cheaply. A short written agreement (who pays what and when) avoids recurring problems.

4. Court options: partition and boundary actions

If negotiation fails, Illinois law allows a co-owner to file a partition action or a boundary dispute lawsuit in circuit court. In a partition action, the court can divide property physically or order a sale and distribute proceeds. As part of that process the court can order surveys, appoint referees or commissioners, and allocate costs, including survey fees, among the parties.

Relevant law: partition actions are governed by Illinois procedure for real property partition. For general reference to the Illinois statutes covering partition and civil procedure, see the Illinois Compiled Statutes at the Illinois General Assembly website: https://www.ilga.gov/legislation/ilcs/ilcs.asp (search for the Code of Civil Procedure and partition provisions, generally found at 735 ILCS 5/15-1 et seq.). Courts regularly include survey and other necessary costs as part of the expenses of partition and often apportion them equitably among the parties.

5. Title companies, lenders, or buyers may require a survey

If a third party (a title company, lender, or buyer) requires a new survey for closing, that party or the buyer will usually insist that the person buying or refinancing pay for the survey as a closing cost. In such transactions the co-owner who is selling or financing generally bears the cost unless the parties agree otherwise.

6. When can a co-owner recover survey costs from another co-owner?

A court may award costs (including surveys) to one party if the court finds it equitable — for example, if one co-owner unreasonably blocks action or forces unnecessary litigation. In boundary or title disputes, the prevailing party may be able to recover costs as part of the judgment, depending on the facts and the court’s discretion.

7. Practical effect — typical process in Illinois

1. Ask for a copy of any agreement or deed that addresses surveys or expenses.
2. Request one clear written estimate from a licensed Illinois surveyor and share it with co-owners.
3. Propose splitting the cost (50/50) or allocating by ownership share if co-ownership percentages differ.
4. If co-owners still refuse, consider mediation or small-claims/contract remedies for reimbursement if you already paid.
5. If the dispute is over boundaries, possession, or partition of the land, be prepared to file a partition or boundary suit; the court can order a survey and decide who ultimately pays.

Helpful hints — practical tips for co-owners in Illinois

• Get everything in writing. If co-owners agree to split a survey cost, document who pays which share and when.
• Obtain multiple written estimates from licensed surveyors. Costs vary by lot size, complexity, and whether a boundary survey, ALTA/NSPS survey, or topographic survey is required. A simple yard survey for a small lot can be several hundred dollars; larger or complex surveys can run into the low thousands.
• Check the deed and title insurance policy. Prior surveys may exist and a recent title commitment or policy sometimes reduces the need for a new survey.
• If a lender or buyer requires the survey, expect them or the buyer to demand that the buyer pay; confirm this during contract negotiations.
• Consider mediation before litigation. Courts and lawyers are more expensive than splitting a survey cost.
• If filing a partition or boundary suit, ask your attorney about asking the court to order a survey and to allocate court costs and survey fees among the parties.
• Keep receipts and invoices. If you pay and later obtain a court judgment, you will need documentation to seek reimbursement.
• Use a licensed Illinois surveyor. Ensure the surveyor is familiar with county records and local boundary practices.