Detailed Answer
If you co-own land with a sibling in Kentucky and you need a property survey, follow a clear, documented process. A survey defines boundaries, identifies encroachments, locates improvements and easements, and creates a legal map you can record. Below are practical, step-by-step actions that start from zero legal knowledge and explain what to expect.
1. Decide why you need the survey
Different purposes require different surveys. Common types include:
- Boundary survey — establishes property lines.
- ALTA/NSPS (often used for lenders and commercial transactions) — a detailed standard survey with title and easement data.
- Mortgage or lender survey — typically requested by a bank before financing.
- Topographic survey — shows contours and elevations for development.
- Subdivision survey — required to divide land into new parcels.
2. Talk with your co-owner (the sibling)
If you both want the survey, agree in writing on who will hire and pay the surveyor and how costs will be split. Written consent makes access and work faster and reduces the risk of later disputes. If your sibling refuses, see section 8 below (when there is a disagreement).
3. Hire a licensed Kentucky land surveyor
Always use a surveyor licensed in Kentucky. The Kentucky Board of Licensure for Professional Engineers and Land Surveyors oversees licensing and standards; you can verify a license and find lists of surveyors at the Board’s website: https://kels.ky.gov/. For general state statutes and to research applicable laws, use the Kentucky Revised Statutes search: https://apps.legislature.ky.gov/law/statutes/.
4. Get written scope, estimates, and timeline
Ask potential surveyors for a written proposal that describes the survey type, work to be done, deliverables (map, digital file, stake placement), estimated cost, and schedule. Confirm whether corners will be monumented and whether the surveyor will stake lines in the field. Ask about liability insurance and references.
5. Provide documents and access
Gather deeds, prior surveys or plats, title commitment (if any), tax parcel numbers, and any location of existing fences, driveways, or improvements. Provide legal access and permission to the surveyor to enter the property. The surveyor will typically research public records, visit the site, locate monuments, and measure lines.
6. Review the survey and decide on recording
When the surveyor delivers the final plat or map, review it carefully. If it will be used for a deed, subdivision or sale, you may record the survey with the county clerk/recorder where the property lies. Recording requirements and practices vary by county; the surveyor can usually advise you.
7. Paying for the survey when co-owners share costs
Unless you have a written agreement, co-owners are often expected to split reasonable costs proportionately. Put payment details in writing: who pays the surveyor, who holds the final copies, and who may record the map. Keep receipts and copies of the contract and final survey.
8. What if you and your sibling disagree about getting a survey?
If one co-owner refuses to allow a survey or to share the cost, options include mediation, negotiation, or consulting an attorney. If negotiation fails and a boundary or ownership dispute exists, you may need to consider a partition action in Kentucky courts to divide the property or resolve rights. Partition is a legal remedy and typically requires filing a civil action. For court procedures and local filing information, start at the Kentucky Court of Justice: https://kycourts.gov/. Because court actions have legal consequences, consult an attorney before filing.
9. Common post-survey issues
- Discovered encroachments or overlapping descriptions — may require negotiation or legal resolution.
- Evidence of prior monuments not matching deeds — surveyors will document findings and make recommendations.
- Boundary lines and fences not matching — you may agree to move fences or record an agreement; otherwise, a legal remedy may be needed.
10. When to consult an attorney
Consult a real estate attorney if: you suspect boundary disputes, one co-owner objects, you plan to subdivide or sell part of the property, you need a partition, or complex easement/title issues arise. An attorney helps interpret survey findings, negotiations with co-owners, and court filing if necessary.
Relevant Kentucky government resources
- Kentucky Board of Licensure for Professional Engineers and Land Surveyors: https://kels.ky.gov/
- Kentucky Revised Statutes (search and browse): https://apps.legislature.ky.gov/law/statutes/
- Kentucky Court of Justice (court procedures and resources): https://kycourts.gov/
Helpful Hints
- Start by agreeing in writing with your sibling about purpose and cost-sharing to prevent disputes later.
- Verify the surveyor’s Kentucky license at the Board site and ask for proof of insurance.
- Request the exact deliverables you need (paper plat, digital CAD/GIS file, stamped copy) and who will record the survey.
- Ask whether the surveyor will stake corners in the field and whether monuments will be set to help future location.
- Provide deeds, prior plats, tax parcel numbers, and any prior survey documents to save time and money.
- If one owner refuses entry, document your attempts to obtain access and consider mediation before court.
- Keep all written proposals, invoices and the final survey with your property records and share copies with your co-owner.
- If the property may be subdivided later, confirm the survey meets local subdivision and county recording requirements up front.
- When encroachments or conflicting evidence appear, get legal advice before removing or altering fences or structures.
Disclaimer
This article provides general information about arranging a property survey in Kentucky and is not legal advice. It does not create an attorney-client relationship. For legal questions about disputes, partition actions, or title issues, consult a licensed Kentucky attorney.