How to arrange a property survey for jointly owned land in Kansas
Quick answer: Start by reviewing the deed and any existing survey or title policy, talk with your sibling to agree on scope, hire a Kansas-licensed land surveyor, get the written survey and stamped map, and use the survey to resolve boundaries, title issues, or prepare for sale or development. If your sibling won’t cooperate, you may need mediation or a court action (e.g., partition or quiet title). This page explains practical steps, how to find professionals, likely timelines and costs, and legal options under Kansas law.
Disclaimer
I am not a lawyer. This information is educational and general only and does not create an attorney-client relationship or constitute legal advice. For legal advice about your specific situation, consult a licensed Kansas attorney.
Detailed answer — step-by-step guide
1. Identify how you own the property
Begin by confirming the co-ownership type recorded in the deed (for example, joint tenants with rights of survivorship, tenants in common, or tenants by the entirety where applicable). Most siblings who inherit or buy property together are tenants in common (each owns an individual fractional interest). Your ownership status affects rights and remedies. If you don’t have the deed, you can get a copy from the county register of deeds or the title company that handled the purchase.
2. Gather existing documents
Collect:
- Recorded deed(s) showing the legal description.
- Any existing survey maps, plats, or previous boundary surveys.
- Title insurance policy or preliminary title report (if available).
- Mortgage or easement documents affecting the property.
- Tax parcel number from the county assessor.
3. Decide what kind of survey you need
Common surveys:
- Boundary survey: Establishes the legal corners and boundary lines and is what most co-owners need to resolve where the lines actually are.
- ALTA/NSPS survey: Detailed survey often required by lenders for commercial or high-value residential transactions; includes title-related matters.
- Subdivision or acreage survey: For dividing or developing the parcel.
- Topographic or site survey: Locates improvements and elevations for building or permitting.
4. Hire a Kansas-licensed land surveyor
Only hire a professional licensed to practice land surveying in Kansas. The Kansas Board of Technical Professions oversees licensing and can help you verify a surveyor’s license: https://ksbtp.ks.gov. Ask potential surveyors for:
- Examples of recent boundary surveys in your county.
- References and proof of Kansas licensure.
- A written scope of work, timeline, and fee estimate (lump sum or hourly).
- Whether they will mark corners with durable monuments (pins, rods, or concrete monuments) and provide a sealed, signed survey map.
5. Agree with your co-owner on the scope and access
Because you co-own the property, ideally both owners agree on the survey scope and share cost. If you and your sibling agree, have both names on the work authorization or a written agreement about who pays and who receives the final survey. Grant any necessary access to the surveyor to inspect the whole parcel and place monuments.
6. The survey process and what to expect
Typical steps the surveyor will take:
- Research deeds, plats, prior surveys and public records.
- Locate evidence in the field (monuments, pins, fences, improvements).
- Perform measurements and prepare a survey map that shows boundary lines, corners, improvements, easements, and encroachments.
- Deliver a sealed/stamped survey map and an invoice; place physical markers if agreed.
Timeframe: a simple boundary survey often takes 1–4 weeks from start to delivery, but can take longer when records are old, the property is large or access is difficult.
7. Use the survey to resolve issues
Once you have a survey:
- If the survey confirms a difference between deed lines and existing fences or structures, you and your sibling can agree to move fences or sign an agreement acknowledging the boundary.
- If a neighbor or an encroachment is involved, you may negotiate with the neighbor. A written agreement or recorded easement can cure many issues.
- If you and your sibling cannot agree about dividing, selling, or using the land, you have legal remedies under Kansas law such as mediation, a quiet-title action, or a partition action in court. For information on Kansas civil procedure, see Kansas statutes, Chapter 60: https://www.ksrevisor.org/statutes/chapters/ch60/.
8. If your sibling won’t cooperate
Options when a co-owner refuses to cooperate:
- Try formal mediation — a neutral mediator can often help co-owners reach a practical agreement.
- Hire a Kansas attorney experienced in real property to send a demand letter or negotiate on your behalf.
- File a partition action in Kansas district court to force a judicial division or sale of the property. Partition remedies and related procedures are governed by Kansas law (see Chapter 60): https://www.ksrevisor.org/statutes/chapters/ch60/.
- Bring a quiet-title or boundary action if you need the court to declare the legal boundary or remove a cloud on title.
Costs, timeline, and practical expectations
Costs vary by county, lot size, complexity, and survey type. A simple residential boundary survey often ranges from a few hundred to a few thousand dollars. ALTA/NSPS surveys and surveys for subdivision can cost more. Expect surveys to take days to weeks for fieldwork plus additional time for research and drafting.
Where to find a surveyor and other professionals
- Kansas Board of Technical Professions (verify licenses): https://ksbtp.ks.gov
- County register of deeds or assessor for recorded deeds, plats and parcel IDs (search your county’s official website).
- Local title companies — they often maintain prior surveys and can recommend surveyors.
- Kansas Judicial Branch for forms or information about partition or quiet-title court actions: https://www.kscourts.org
Helpful Hints
- Start with the deed and existing title documents — the legal description (metes and bounds, lot and block, or recorded plat) determines the survey work needed.
- Always use a Kansas-licensed surveyor and get the final product in writing with a signed, stamped map.
- Document any verbal agreements with your sibling in writing, including who pays and who will receive copies of the survey.
- If improvements conflict with the surveyed boundary, don’t move or demolish structures without legal or professional advice — consider negotiation first.
- If you plan to sell or refinance, ask whether the buyer’s lender requires an ALTA/NSPS survey and choose the survey scope accordingly.
- Keep copies of the survey recorded in the county records if you and your sibling agree to an official boundary line or easement — recording helps prevent future disputes.
- When disagreements arise, consider mediation before filing a lawsuit; litigation is often costlier and slower.
- If you think you will need a court decision (partition or quiet title), consult a Kansas real property attorney early — they can help preserve your rights and advise whether a survey is sufficient or if other evidence is needed.
If you want, provide the county where the property sits and a brief description (e.g., “50-acre tract with possible encroachment by neighbor fence”), and I can outline a targeted checklist of records to pull and the specific kinds of surveys commonly used in that county.