Detailed Answer — Arranging a Survey for Property You Co-Own in Louisiana
This FAQ-style guide explains, in plain language, how to arrange a property survey when you and a sibling co-own land in Louisiana. It covers steps to take, who pays, what to expect, and what to do if one co-owner disagrees.
Step-by-step process
- Confirm how you own the property and gather documents.
Gather the deed(s) that show the co-ownership (from the parish clerk of court where the property is recorded). Also collect any prior surveys, title report or insurance, subdivision plats, and any mortgage/title paperwork. These documents help the surveyor locate boundary evidence and understand legal descriptions.
- Decide what type of survey you need.
Common options:
- Boundary survey — shows the legal boundaries and marks corners.
- ALTA/NSPS survey — detailed, used for commercial or bank requirements.
- Topographic survey — adds elevations and physical features.
For co-ownership boundary questions, start with a boundary survey.
- Hire a licensed Louisiana land surveyor.
Use a surveyor licensed in Louisiana. Ask for references, proof of licensure, sample plat, insurance, scope of work, and estimated cost and timeline. You can search for surveyors locally or ask the parish clerk or a local title company for recommendations.
- Coordinate access and scope with your sibling.
Because both of you co-own, it’s best to jointly agree on the surveyor and the survey scope. If you can cooperate, sign an agreement or have both owners listed on the survey order. If the sibling is cooperative, they can allow the surveyor access to the land and to any areas the surveyor needs to enter.
- If a co-owner refuses to cooperate.
If your sibling refuses to permit a survey or access over parts of the property you jointly own, you have several options:
- Try mediation or a written agreement asking for temporary access.
- Have the surveyor perform what they can from publicly accessible points and from marked corners; this may limit accuracy.
- If necessary, file a judicial partition action in the appropriate parish court to resolve boundaries or force partition — courts can order a survey as part of a partition or boundary dispute. For information on Louisiana statutes about partition and co-ownership, consult the Louisiana Legislature site (search for “partition” or “co-ownership”): https://legis.la.gov/Legis/LawSearch.aspx?search=partition.
- Review the survey, mark corners, and record the plat if needed.
When the surveyor completes the work, review the plat carefully. If you and your sibling agree, the surveyor will set permanent markers (pins, monuments) and you may record the new plat or filed survey in the parish records. Recording is usually done at the parish clerk of court office.
Who pays for the survey?
Generally, co-owners split reasonable costs for actions that benefit the property (like a survey). If one co-owner requests a survey for their own purposes, you can negotiate cost sharing. If a dispute leads to court (e.g., a partition action), the court may allocate costs according to fairness or the outcome of the case.
When to call an attorney
Consider consulting a lawyer if:
- A co-owner refuses access and negotiations/mediation fail.
- Title records are unclear, overlapping, or you suspect fraud.
- You expect a forced partition or boundary litigation.
An attorney can explain your options under Louisiana law and represent you in court or mediation. This article is educational only and not legal advice.
Relevant Louisiana law (where to look)
Louisiana law provides co-owners with rights and sets out procedures for partition and resolving boundary disputes. For statutes and exact language, search the Louisiana Legislature’s website for terms like “co-ownership,” “partition,” and “boundary”: https://legis.la.gov/Legis/LawSearch.aspx. You can also look for statutes and civil code articles that discuss co-ownership and partition procedures on that site.
Sample hypothetical scenario
Hypothetical: You and your sibling own a 2-acre tract in a parish as tenants in common. You want a boundary survey to confirm the shared boundary before building a fence. You gather the deed from the parish clerk, hire a licensed Louisiana surveyor to perform a boundary survey, and both sign the survey contract. The surveyor locates corners, marks them with monuments, prepares a plat, and you record it. If your sibling had refused access, you would first try mediation; if that failed, you might need a court-ordered survey as part of a partition action.
Helpful Hints
- Get everything in writing: scope, price, timeline, and who will pay.
- Use a surveyor licensed in Louisiana; ask for their license number and sample plats.
- Check parish records (parish clerk of court) for prior deeds, mortgages, and recorded plats before the survey.
- If you plan improvements, get a survey or ALTA/NSPS survey early; banks or insurers often require them.
- Communicate early and respectfully with your co-owner — a mutual agreement is the fastest, cheapest route.
- If disagreement looms, consider mediation before filing court papers; mediation is often faster and less expensive than litigation.
- When in doubt about your legal rights or a possible partition action, consult a Louisiana attorney experienced in real estate or property disputes.
Disclaimer: This article explains general principles and practical steps under Louisiana law for informational purposes only. It does not provide legal advice and does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Louisiana attorney.